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Posts Taged inc

An Unwaivable Right under the Consumer Legal Remedies Act, Revisited

I previously summarized a decision out of the California Court of Appeals, Fourth Appellate District, Fisher v. DCH Temecula Imports LLC, in which the court held that a consumer’s right to bring a class action under the California Legal Remedies Act (the “CLRA”) constitutes an unwaivable statutory right.  In this blog, I will discuss a parallel case from the California Court of Appeals, Second Appellate District, Sanchez v. Valencia Holding Co., LLC, that has been simultaneously working its way through the courts.  A review of my prior September 21, 2010 entry would be helpful to understanding this update: Unwaivable Right.

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A California Law Primer on the Duty to Defend

The following link includes a survey of recent California cases on the duty to defend prepared by and posted with the permission of the Insurance Coverage Litigation & Counseling Practice Group at Meckler Bulger Tilson Marick & Pearson, LLP.  The attached survey identifies and elaborates on the following seven fundamental issues that may assist claims professionals, insureds and counsel in making decisions about how to appropriately respond to complaints or claims tendered for a defense:

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