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Case Library

Ernest A. Long ADR publishes monthly Case Studies of important Court decisions in California. Cases are selected on a discretionary basis, bearing on the practice of law in the State Court system. www.courts.ca.gov The Studies are prepared to keep the legal community apprised of developments in the field and are archived here, in our Case Library.
Because our Studies are prepared close to the time of original publication, the cases have yet to receive their official case citations. Opinions remain accessible on the official court website for 120 days, referenced by date. The information conveyed in the Studies is an accurate recounting of the original opinion. The language, quotations and holdings expressed in the Case Studies are not legal authority and should not be presented in court filed documents without first checking the published opinion in the official reports. This page provides access to each of the court decisions, in their original form, that we have reviewed, along with our previously published Case Study. Typically, a PDF copy of the reported decision is attached to our electronically distributed Case Study, and this Case Library provides a compendium of all the opinions we have discussed.
To access a Case Study or a Supreme Court or Appellate Court opinion that was the subject of one of our Case Studies, enter your search terms in the Search box at the right of any page of this website, or go to the Download Case Studies section to scroll through the listings of topics and case names of all Case Studies from January 2008 to the present. The opinions are from the official court website, issued prior to designation of the official reporter citation which is not generated until approximately 90 days after the case is first posted on the court website.

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Centex v St. Paul Fire and Marine Ins. Co. – Opinion

Filed 1/22/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ---- CENTEX HOMES et al., Cross-complainants and Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Cross-defendant and Respondent. C081266 (Super. Ct. No. SCV0031148) APPEAL from a judgment of the Superior Court of Placer County, Michael A. Jacques, Judge. Affirmed. Payne & Fears, J. Kelby Van Patten, Jared De Jong; Kendall Brill & Kelly, Laura W. Brill and Nicholas F. Daum for Cross-complainants and Appellants. The Aguilera Law Group, A. Eric Aguilera, Raymond E. Brown and Lindsee B. Falcone for Cross-defendant…

Centex v St. Paul Fire and Marine Ins. Co. – Case Study

Centex v St. Paul Fire and Marine Ins. Co.  1/22/18 Conflict  of Interest; Civil Code section 2860; Cumis counsel; Rule of Professional Conduct 3-310(C)(1)    The underlying action was initiated by homeowners from two residential developments in Rocklin against Centex Homes and Centex Real Estate Corporation for alleged defects to their homes.  Centex did not directly perform any of the construction on these homes. St. Paul was an insurer for subcontractor Ad Land Venture, and agreed to defend Centex as an additional insured subject to a reservation of rights.   On March 30, 2012, Centex tendered its defense of the action…

Centex v. St. Paul – Opinion

Centex v St Paul Fire and Marine Insurance Co. 5/22/15 Conflict of Interest; Right to Independent Counsel; Civil Code section 2680 This insurance coverage dispute arises from underlying construction defect litigation in which Corona homeowners have sued the developer, plaintiff and appellant Centex Homes (Centex), for work performed by Centex’s subcontractors. One of the subcontractors, Oak Leaf Landscape, Inc. (Oak Leaf), is insured by defendants and respondents, St. Paul Fire & Marine Insurance Company and St. Paul Mercury Insurance Company (Travelers). Centex is named as an additional insured on the Oak Leaf policy issued by Travelers. Centex appeals from an…

Centex v. St. Paul – Case Study

Centex v St Paul Fire and Marine Insurance Co. 5/22/15 Conflict of Interest; Right to Independent Counsel; Civil Code section 2680 This insurance coverage dispute arises from underlying construction defect litigation in which Corona homeowners have sued the developer, plaintiff and appellant Centex Homes (Centex), for work performed by Centex’s subcontractors. One of the subcontractors, Oak Leaf Landscape, Inc. (Oak Leaf), is insured by defendants and respondents, St. Paul Fire & Marine Insurance Company and St. Paul Mercury Insurance Company (Travelers). Centex is named as an additional insured on the Oak Leaf policy issued by Travelers. Centex appeals from an…

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