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Legal News
Litigation
Wednesday, February 10, 2010
 

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Insured's Failure To Cooperate Bars Claim, Panel Holds
RIVERSIDE, Calif. - The Fourth District California Court of Appeal ruled Jan. 28 in an unpublished opinion that an insured that failed to comply with an insurer's request for an examination under oath is barred from pursuing a breach of contract action arising from a 2006 water damage claim. The appeals court, however, let stand a breach of contract action arising out of a second water damage claim (Century-National Insurance Co. v. The Superior Court of Riverside County, No. E049497, Calif. App., 4th Dist.). From Mealey's Litigation Report: California Insurance

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Panel: Misrepresentation Is Complete Defense For Breach Of Contract, Bad Faith Claims
LOS ANGELES - The Second District California Court of Appeal on Jan. 21 ruled that a trucking company that failed to disclose that it hauled various types of autos in its policy application misrepresented itself, saying the misrepresentation serves as a complete bar against claims by the insured for breach of contract and bad faith (Superior Dispatch Inc. v. Insurance Corporation of New York, No. B204878, Calif. App., 2nd Dist.). From Mealey's Litigation Report: California Insurance

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