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Insurance Coverage Cases

 

Venue: Santa Clara County

Jury Verdict/Result: Full recovery for client

Case Name: Industrial Indemnity v. "Insurance Carrier"

Client: Industrial Indemnity

Description: Industrial Indemnity sought to obtain contribution on its settlement with plaintiffs in an automobile collision. "Insurance Carrier" refused to accept a portion of fault for a collision on a rural highway in which Industrial Indemnity's insured had entered the intersection improperly, but in which defendant's insured failed to take evasive action. The jury awarded a sufficient percentage to require payment of the limits of the indemnifying insuring agreements.

 

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Articles

Drafting Enforceable Sports and Recreation Waiver and Release Agreements

Formation of Sports and Recreation Waiver and Release Agreements in California

Avoiding Express Assumption of the Risk: Common Contract Defenses and Alternate Theories of Liability in California


Sample Cases

McAvoy v. Sears Point International Raceway and American Motorcycle Federation
Plaintiff was rendered paraplegic when his motorcycle impacted a restraining barrier on the track.

Ford, Andrada et al. v. County of Alameda, Alameda County Fairgrounds
Plaintiffs were patrons of the Alameda County Fair on July 4, 1998 when a gang gun battle broke out on the midway resulting in serious gunshot and stampeding injuries to multiple Fair patrons.

Stanley v. County of Napa, Franciscan Vineyards
Plaintiff, an attorney, sustained major head and other injuries when he fell from his bicycle after it hit a culvert at the intersection of a county road and the driveway to our client's winery.

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