Interesting Legal Developments and Results

Published Opinions

Kentucky Fried Chicken of California, Inc. v Superior Court (Premises Liability)

A business has no duty to comply with a robber’s unlawful demand for money. A property owner has right to defend property by using reasonable force.

             Sakiyama v AMF Bowling Centers, Inc. (Premises/Automobile Liability)

Liability does not attach to a business owner who allows his premises to be used for the staging of a musical event where drug use is legally foreseeable when the attendees are involved in a subsequent accident at a remote location.

            State Farm Fire & Casualty Co. v Jioras (Insurance Coverage/Declaratory Relief)

Insurer’s acceptance of defense, subject to a reservation of rights, later suing for a declaration that it had no duty to defend or indemnify affirmed on appeal that insurer had no duty to indemnify under the policies. Appellants did not contest the determination that the relevant policies did not provide coverage for their claims. Instead, they claimed the insurer must nevertheless provide coverage under estoppel principles because it allegedly failed adequately to reserve its rights under the “umbrella” policy. Appellate Court concluded there was substantial evidence to support the trial court’s determination that insurer’s reservation of rights was timely, adequate and effective as to all of the partners.

            State Farm Fire & Casualty Co. v Superior Court (Insurance Law)

State Farm had no statutory duty to issue an SR-22 after the suspension of plaintiff Marvin Patten’s driver’s license.