Insurance
Jul. 22, 2014
Footnote 5: Will it have an impact on insurance cases?
A footnote in a recent opinion raises questions about the role of deposition testimony in insurance cases.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
In giving credence to the opinions of an insurer's claims employees, footnote 5 in North Counties Engineering Inc. v. State Farm General Ins. Co., 224 Cal. App. 4th 902, 923-24 (2014), petition for review and depublication denied, S217967, observed the employees "were not 'lower echelon' but in fact the employees charged with the decision." The footnote added that decision related to the insurer's duty to defend, not a matter of policy interpretation or "coverage."
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