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notice of demurrer and demurrer to first amended complaint

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17 Cited authorities

  1. Crawford v. Wearther Shield Mfg. Inc.

    44 Cal.4th 541 (Cal. 2008)   Cited 144 times   7 Legal Analyses
    Holding that " duty to defend another . . . is . . . different from a duty [to indemnify] expressed simply as an obligation to pay another, after the fact, for defense costs the other has incurred in defending itself."

  2. Diesel Barbershop, LLC v. State Farm Lloyds

    479 F. Supp. 3d 353 (W.D. Tex. 2020)   Cited 98 times
    Holding that the Fifth Circuit's definition of physical loss precluded the plaintiffs from stating a claim

  3. MRI Healthcare Center of Glendale, Inc. v. State Farm General Insurance Co.

    187 Cal.App.4th 766 (Cal. Ct. App. 2010)   Cited 116 times   7 Legal Analyses
    Finding no "direct physical loss" of MRI machine that, "[i]n effect," "was turned off and could not be turned back on"

  4. Mudpie, Inc. v. Travelers Cas. Ins. Co. of Am.

    487 F. Supp. 3d 834 (N.D. Cal. 2020)   Cited 66 times
    Finding no coverage under civil authority provision because government closure orders were intended to prevent the spread of COVID-19 and thus plaintiff failed to establish requisite causal link between damage to adjacent property and denial of access to its store

  5. Vaillette v. Fireman's Fund Ins. Co.

    18 Cal.App.4th 680 (Cal. Ct. App. 1993)   Cited 112 times
    Holding that leave to amend should not be granted where in all probability, amendment would be futile

  6. Franklin EWC, Inc. v. Hartford Fin. Servs. Grp., Inc.

    488 F. Supp. 3d 904 (N.D. Cal. 2020)   Cited 48 times
    Holding that the virus exclusion applied because the virus directly or indirectly caused plaintiff's losses

  7. Pappy's Barber Shops v. Farmers Grp.

    487 F. Supp. 3d 937 (S.D. Cal. 2020)   Cited 47 times   1 Legal Analyses
    Holding government orders are not physical loss or damage

  8. Travelers Casualty & Surety Co. v. Superior Court

    63 Cal.App.4th 1440 (Cal. Ct. App. 1998)   Cited 87 times
    Placing burden of proof on insured to prove exception to a policy exclusion

  9. George v. Auto. Club of South. California

    201 Cal.App.4th 1112 (Cal. Ct. App. 2011)   Cited 47 times
    Applying rule, but finding no ambiguity

  10. Dickie Brennan Co. v. Lexington Ins. Co.

    636 F.3d 683 (5th Cir. 2011)   Cited 41 times   11 Legal Analyses
    Holding that civil authority coverage did not apply in the case of a hurricane evacuation order issued as a preventative measure before any property damage occurred in the vicinity