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Insurance

Aug. 14, 2015

Courts continue to quibble over what is an 'accident'

Two recent decisions embrace the "pro-insurer" trend in connection with "what is an accident."

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.

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For a while, in some areas not much happens at the appellate level, then an "explosion" of activity. One example is the law on punitive damages, where significant activity commenced in 2003 and continued for several years.

Another example is the meaning of an "accident" for insurance policy purposes. See State Farm Fire & Cas. Co. v. Sup. Ct. (Wright), 164 Cal. App. 4th 317 (2008) (aka "the swimming pool case"); Delgado v. Inter....

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