Murchison & Cumming, LLP would like to update you on upcoming plans for the Los Angeles Superior Court. Despite the passage of Proposition 30, the court continues to operate under substantial fiscal constraints. As a result, the following substantial changes are planned. These changes are expected to be implemented over six months beginning in January […]
By: Dan L. Longo IADC Professional Liability Committee Newsletter The following is an excerpt from, “A Primer on the Taxes Embedded in the Healthcare Reform Act,” originally published in the November 2012 issue of the International Association of Defense Counsel’s Professional Liability Committee Newsletter. We are now all aware that the United States Supreme Court has upheld most […]
USLAW Magazine The following is an excerpt from, “Corruption of the Appraisal Process,” originally published in the Fall/Winter 2012 issue of USLAW Magazine. Fire Insurance policies have long been required to use standard policy provisions. They provide that, when the insured and insurer fail to agree as to the actual cash value or amount of a loss, […]
By: Lisa D. Angelo On August 23, 2012, the California Supreme Court ruled that the long standing common law “release rule,” shall no longer be followed in California. The common law “release rule” provides that if a Plaintiff settles with and releases one joint-tortfeasor from liability then the Plaintiff releases from liability all other tortfeasor. The […]
Yesterday the California Supreme Court issued its long-awaited decision in State of California v. Continental Insurance, No. S170560. In its latest ruling, which will affect all long-tail insurance cases, including Environmental, Asbestos and latent injury, and Construction Defect cases, the Court rejected the “pro rata” time on the risk allocation scheme advocated by the insurers and […]
On June 11, 2012, the United States Court of Appeal for the Ninth Circuit issued an opinion that has broad implications for insurers faced with claims against its insureds exceeding the policy limits. In those situations, the court held that an insurer, as part of its duties under the covenant of good faith and fair […]
The Los Angeles Superior Court recently announced changes to their policy regarding the availability of official and private court reporters, including the elimination of official court reporters for civil proceedings. Please click the following link for details on changes to the LASC court reporter policy: LASC Policy Regarding Normal Availability of Official Court Reporters and Privately […]
By: Bryan J. Ure Murchison & Cumming Blog: Post 85 View Link For Nevada brewers, the largest obstacle to profiting from their product is the frustrating inability to distribute it without the help of a commercial distributor. This frustration is compounded by the fact that it is counter-intuitive to the nature of brewing which often times […]
By: Tyler N. Ure and Bryan J. Ure Murchison & Cumming Blog: Post 85 View Link For many, turning their passion into a business comes with equal parts excitement and trepidation. When it comes time to turn that passion into profit, that initial enthusiasm can be quickly tempered by legal and regulatory hurdles. Those who have turned their […]
Murchison & Cumming Blog: Post 85 View Link Dazed and Confused: How Upcoming Ballot Measures and Cases of Interest Continue to Change the Legal Landscape around Marijuana California’s Compassionate Use Act (CUA) of 1996 decriminalized the use of marijuana for medicinal purposes. However, it did not legalize marijuana. It only shields medical users and caregivers […]
Murchison & Cumming Blog: Post 85 View Link The recent upswing in app based driving services like Uber have blurred the line between employees and independent contractors. At first glance, it would seem that Uber drivers are clearly independent contractors. Drivers enjoy the flexibility of when and where they accept assignments, while Uber is able […]
Bad Faith/Good Faith: The Latest from California and Nevada Proper claims handling is the key to avoiding bad faith exposure. This Roundtable will examine some of the latest trends and court rulings regarding suits versus insurers, and address ways for insurers to proactively identify and manage situations that arise during the claims and litigation process […]
Emerging Issues in Coverage for Intellectual Property, Business Torts and Personal and Advertising Injury… Today’s technology is moving at a lightning pace, presenting new challenges under liability insurance policies. Insurance professionals must be prepared to meet those challenges by understanding the unique issues that arise under intellectual property claims, business torts, and other claims likely […]
A brief survey of this year’s California and Nevada Appellate and Supreme Court decisions which impact insureds, insurers, risk managers, brokers and agents, on issues ranging from insurance coverage to bad faith and claims handling. This and the other Insurance Roundtables are intended to be interactive and participatory roundtables, on topics of interest to the […]
When an insurer decides to defend an action under a reservation of rights, or to deny coverage entirely, it is crucial that the written communications to the insured effectively convey the insurer’s position and that the letters comply with statutes, regulations and case law. An improperly drafted letter can result in liability against the insurer […]
When a company decides to defend its insured through a reservation of rights, a crucial issue is whether or not that reservation triggers the right to independent counsel. At this Roundtable, we will discuss the factors that dictate whether or not independent counsel must be provided, and if so, the issues presented by that defense […]
On April 19, 2011 Murchison & Cumming, LLP will present its annual “Year in Review: California Case Law Update,” taking a look back at the significant Supreme Court and Appellate Court decisions during 2010. As in prior years, the program will take place at the Walt Disney Concert Hall in Los Angeles. During the Spring of 2011, the program will also […]
California’s “Fair Claims Settlement Practices” regulations play a crucial role in every claims professional’s job, and can result in drastic consequences to the company if not followed. In fact, the regulations require that licensees be trained in the regulations annually and certify that they have received this training. This Roundtable will accomplish that training requirement […]
A jury recently returned a verdict in favor of defendant El Proyecto Del Barrio Foundation, Inc. represented by Murchison & Cumming Senior Partner Richard C. Moreno and Partner Lisa D. Angelo, in a personal injury matter where a senior citizen sought millions of dollars in damages. Robert Finnerty and Christopher Aumais of Girardi Keese tried the case on […]
In a decision published this last week, the Fourth District Court of Appeal in San Diego held that a patron chased by a chainsaw-wielding actor at a Halloween haunted attraction assumed the risk he may become frightened, run and fall as a result of that fear when he chose to engage in the activity, and […]
A Los Angeles jury returned a verdict in favor of Pacific Coast Montessori school, represented by Murchison & Cumming attorney Nanette G. Reed. In the case, Angelea Fredrick, a 3 ½ year old student at Pacific Coast Montessori, broke her leg during an earthquake as the students were being ushered to safety. The plaintiff alleged that […]
A jury returned a defense verdict in a case where the plaintiff alleged the defendant negligently rendered assistance. The defense was represented by Murchison & Cumming attorneys Russell S. Wollman and Nanette G. Reed. This case arises from an accident that occurred in 2012. The incident occurred at a condominium complex which is sometimes referred to as the […]
A result in favor of Murchison & Cumming’s client in a breach of contract case regarding excessive royalties, Plover Financial Services, LLC v. ITS Financial, LLC, et al. The case was handled by Mhare O. Mouradian and Tim M. Agajanian, who is no longer at the firm. The court found in favor of ITS on its cross-complaint […]
A San Bernardino jury returned a verdict in favor of a truck driver training school, represented by Murchison & Cumming attorneys Scott L. Hengesbach and Claudia Borsutzki. In the case, Richard Boyes v. Roadmaster Drivers School of Fontana, Inc., Mr. Boyes fell when exiting the cab of a school-owned tractor-trailer and hit his head. He claimed that the […]
On January 9, 2015, Judge Richard Fruin of Department 15 in the Los Angeles Superior Court, sustained defendant’s demurrer to plaintiffs amended complaint, without leave to amend, in a breach of contract action seeking punitive damages handled by Joseph Kang. The plaintiff’s complaint alleged causes of action against the defendant for fraud, breach of fiduciary duty, […]
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Welcome Gina Simone as the newest Associate in San Diego
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Gina V. Simone has joined the San Diego office as an Associate. She joins M&C, having previously worked as a Summer Associate and Post-Bar Law Clerk while attaining her law degree from the University of San Diego School of Law. Gina graduated from Sonoma State University, earning a Bachelor […]
Murchison & Cumming’s Richard Moreno Named to USLAW NETWORK Board of Directors
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Richard C. Moreno has been selected to sit on USLAW NETWORK’s Board of Directors. “As chair emeritus of USLAW, I am very excited to welcome Richard to the USLAW Board of Directors,” said Managing Partner Dan L. Longo. “His leadership, business development and mentoring skills will serve the Board well.” […]
Welcome Brian O’Hara as the newest Of Counsel in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Brian C. O’Hara has joined the Los Angeles office as Of Counsel. He brings more than 30 years of experience in various matters, including SIU matters for different carriers on suspected fraudulent claims, transportation, and general liability cases. Brian is currently focusing on general liability defense. Brian is from […]
M&C Attorney Laura Loeck Named 2023 Northern California Rising Star
/in Announcements, Press ReleasesLaura J. Loeck has been recognized as a 2023 Northern California Rising Star honoree in the annual vote of peers and area judiciary conducted by Thomson Reuters. She is a Partner in Northern California and has extensive experience in general liability matters, including wrongful death, premises liability, construction and design defect, fire loss, bodily injury, and […]
Michael Nunez Appointed to Clark County Bar Association Executive Board
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Michael J. Nunez has been appointed to the Clark County Bar Association Executive Board. Mr. Nuñez is a Senior Partner and the Partner-in-Charge of M&C’s Las Vegas office and is both an experienced trial lawyer and appellate lawyer. Mr. Nuñez handles general and professional liability, hospitality, HOA, D&O, […]
Three from Murchison & Cumming Recognized as Southern California Rising Stars
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Partners Kelsey Maxwell, Georgiana Nikias, and Joshua Praw have been selected to the 2023 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California. Kelsey L. Maxwell focuses her practice on the areas of general […]
Murchison & Cumming Welcomes Associate to San Diego Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Christopher A. Brown has joined the San Diego office as an Associate. He has a wide range of experience representing clients in civil litigation matters, including employment law, personal injury, products liability, construction, and transportation. Christopher obtained his bachelor’s degree in English Literature at Simon Fraser University in Vancouver, […]