Kelly, Hockel and Klein, PC

First District Affirms Howell — Plaintiff Entitled to All Billed Expenses

On June 24th, 2010, the First Appellate District filed its opinion in Ana Silva Yanez v. SOMA Environmental Engineering, Inc., 185 Cal. App. 4th 1313, holding that the collateral source rule entitled plaintiff to recover the entire amount of billed medical expenses without reduction for the amount not [...]

Where Goes Civility?

By Jonathan Klein

At first glance, litigation in the 21st Century seems just like litigation in the 20th. We file or answer Complaints, we serve or answer discovery, and we move forward towards settlement or trial. While lawyers have always complained about civility in the profession, the lack thereof has, to me at least, [...]

Stacey A. Zartler joins KHK as Of Counsel

Stacey recently joined Kelly Hockel & Klein, P.C. as Of Counsel. She offers extensive knowledge and experience advising and defending employers in employment law matters. She specializes in employment discrimination, harassment, retaliation, wrongful termination, disability and leave laws and wage and hour class actions. She has an excellent track [...]

Exclusion For Injury Expected Or Intended By An Insured Does Not Bar Coverage For All Insureds In Policy Also Containing A Severability Clause

Summary by Rebecca B. Aherne, Esq.

On June 17, 2010, the California Supreme Court filed its opinion in Minkler v. Safeco Insurance Company holding the insurer had a duty to defend an insured’s mother in an action by a minor against the son for sexual molestation and against the mother for negligent supervision.

Factual and [...]

Summary Judgment Granted on Reasonable Care Issue

On May 13, 2010, Jonathan Allan Klein and Anne F. Marchant successfully obtained summary judgment on behalf of Safeway Inc. in a premises liability case in San Mateo County Superior Court. The case involved serious personal injuries to an elderly customer who slipped and fell upon entering a Safeway store. The trial court [...]

Umbrella Insurer Has Duty To Defend Claim, Not Covered By Scheduled Underlying Insurance, Which Raises A Potential For Coverage Even Though SIR Not Yet Paid

Summary by Rebecca B. Aherne, Esq.

On April 30, 2010, the Second Appellate District filed its opinion in Legacy Vulcan v. Superior Court, 184 Cal. App. 4th 285, holding Transport Insurance Company had a duty to defend under an umbrella policy where scheduled underlying insurance did not apply and despite [...]

Advertising Injury Defined by 9th Circuit

By Rebecca Aherne

On April 5, 2010, the 9th Circuit Court of Appeals, in Hyundai Motor America v. National Union Fire Ins. Co., held the insurer had a duty to defend a patent infringement claim under the advertising injury provision. The insured, Hyundai, placed certain features on its website. It was sued by Orion [...]

Punitive Damage Award Against Insurer Which Mishandled Claim For Business-Interruption Coverage Reduced From $1.7 Million to $500,000

By Rebecca Aherne

On March 23, 2010, the Second Appellate District filed its opinion in Amerigraphics, Inc. v. Mercury Casualty Company, 182 Cal. App. 4th 1538, holding the insurer erroneously, and in bad faith, denied coverage to its insured for continuing operating expenses pursuant to business-interruption coverage provided by a “Special Multi-Peril Policy.” The [...]

Encroachment Is Not An Accident Within The Meaning Of Homeowner Policy

Summary by Rebecca B. Aherne, Esq.

On January 26, 2010, the Fourth Appellate District filed its opinion in Fire Insurance Exchange v. Superior Court, 181 Cal. App. 4th 388, holding the insurer had no duty to defend its insureds in an action by an adjoining landowner as a result of an encroachment because building [...]

Debt Reduction

I’ve had many clients, and potential clients, ask me about debt reduction and negotiation. Unfortunately, I don’t practice in this area, so I can’t offer any legal advice at all.

However, I found a terrific book where the author details his own negotiation over several outstanding loans and credit cards, and how he saved over $130,000 [...]