Amicus Briefs
Following are amicus briefs that have been submitted to California courts by ACIC.
  • Court Relies on "Going and Coming" Rule to Reject Liability Lawsuit Against Employer

    Last ACIC Action:Feb 28, 2017
    Summary:
    Court Relies on "Going and Coming" Rule to Reject Liability Lawsuit Against Employer In Lynn v. Tatitlek Support Services, Inc., which was filed on February 22, 2017, the California Court of Appeal (Fourth Appellate District) held that an employer was not liable for an automobile accident caused by its employee because the employee was not acting within the scope of his employment.
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  • Lawsuit against Employer Based on Asbestos Exposure At Home Barred by Worker's Compensation Exclusive Remedy Rule, Court Holds

    Last ACIC Action:Sep 25, 2015
    Summary:
    In Melendrez v. Ameron International Corporation, which was filed on September 17, 2015, the California Court of Appeal (Second Appellate District) concluded that the workers' compensation exclusive remedy rule barred the wrongful death action filed by the wife of a worker who was exposed to asbestos in pipe which the worker brought home from his workplace.
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  • Appellate Court Reverses Trial Court's Grant of Summary Judgment in Products Liability Case

    Last ACIC Action:Sep 04, 2015
    Summary:
    In its September 1, 2015, decision in Johnson v. United States Steel Corp., the California Court of Appeal (First Appellate District) ruled that in a products liability lawsuit against a supplier of raw material, the trial court should not have granted the supplier's motion for summary judgment because the supplier failed to present evidence that the material it supplied did not have a design defect.
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  • Supreme Court Overrules Its Earlier Holding on "Consent to Assignment" Clauses in Insurance Policies

    Last ACIC Action:Aug 21, 2015
    Summary:
    In a unanimous decision filed on August 20, 2015, the California Supreme Court ruled in Fluor v. Superior Court that a consent-to-assignment clause in a liability insurance policy does not allow an insurer to refuse to honor an insured's assignment of the policy's coverage rights when the assignment was made after a loss sustained by a third party but before any money judgment or settlement.
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  • Supreme Court Rules that Insurer May Recover Fees from Insureds' Independent Counsel

    Last ACIC Action:Aug 21, 2015
    Summary:
    In a unanimous decision filed on August 10, 2015, the California Supreme Court ruled in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. that in a case where a liability insurer has been ordered to provide independent counsel to its insureds with the stipulation that the insurer may recover unreasonable and unnecessary payments made to the counsel, the insurer may seek the recovery of the overbilled payments directly from the independent counsel.
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  • Moody v. Bedford

    Last ACIC Action:Mar 29, 2012
    Summary:
    A necessary element of finalizing, or closing a property casualty insurance claim, under any insurance policy, is the assurance that all entities that may have an interest in the claim have been identified.
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  • Harris v. Liberty Mutual

    Last ACIC Action:Dec 29, 2011
    Summary:
    Harris v. Liberty Mutual  presents the question of whether insurance company claims adjusters are exempt from a California wage order's requirement that employees must be paid overtime compensation. The ACIC brief points out that federal regulations on which the California wage order is based exclude claims adjusters from the overtime pay requirement.
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  • Diaz v. Carcamo

    Last ACIC Action:Oct 31, 2011
    Summary:
    The Court reaffirmed their 1954 holding in Armenta v. Churchhill (1954) 42 Cal.2d 448 [267 P.2d 303] , that an employer's admission of vicarious liability for an employee's negligent driving in the course of employment bars a plaintiff from pursuing a claim for negligent entrustment.  This is because the employer's admission of vicarious liability makes the negligent entrustment claim irrelevant.  Vicarious liability and negligent entrustment, are "alternative theories under which ... to impose upon the Employer the same liability as might be imposed upon the employee.  The employer's admission of vicarious liability, removes the "legal issue of the employers liability from the case: leaving no material issue, to which the offered evidence could be legitimately directed.   Therefore, the trial court erred in not applying that holding to this case.
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  • O'Neil v. Crane Co. and Warren Pumps

    Last ACIC Action:Oct 31, 2011
    Summary:
    Family of naval officer who died from mesothelioma brought negligence, negligent failure to warn, strict liability for failure to warn and strict liability for design defect action against manufacturers of valves and pumps that were insulated by asbestos. After a jury trial, the Superior Court of Los Angeles County, No. B208225, Elihu Berle, J., granted manufacturers' motion for nonsuit, and family appealed.
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  • Howell v. Hamilton Meats

    Last ACIC Action:Oct 18, 2011
    Summary:
    The California Supreme Court issued their opinion in favor of the industry, they held that an injured person can not recover from the tortfeasor, as economic damages the undiscounted sum stated in the medical provider's bill but never paid by or on behalf of the injured person, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount.
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  • Tverberg v. Fillner Construction

    Last ACIC Action:Jun 01, 2011
    Summary:
    The Court of Appeal opinion in this case is in conflict with two prior Court of Appeal opinions (Madden and Padilla) on the extent to which a hirer (in this case, a general contractor) must undertake safety precautions on behalf of an independent contractor. ACIC sent an amicus letter urging the Supreme Court to accept this case.  The letter emphasizes the importance of reasonable limitations on hirer liability to independent contractors—particularly where, as in this case, the contractor is in a position to undertake safety measures and the hirer does nothing to prevent him from doing so.
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  • Yanting Zhang v. Superior Court (California Capital Insurance Co.)

    Last ACIC Action:Aug 02, 2010
    Summary:
    ACIC has filed an amicus brief with the California Supreme Court in Yanting Zhang v. Superior Court (California Capital Insurance Co.) which raises the issue of whether insurer rates approved by the insurance commissioner can be challenged in a separate action brought under the Unfair Competition Law.
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