Robert C. Clifford discusses the issues raised by the California Supreme Court's decision in Wilson v. 21st Century Ins. Co., 2007 Cal. LEXIS 13314 (Cal. 2007) in this commentary. Although this case involved an insured's claim for underinsurance benefits, the implications of the holding go beyond underinsurance coverage and must be cons

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Robert C. Clifford discusses the issues raised by the U.S. District Court in Storek v. Fidelity & Guaranty Insurance Underwriters, Inc., 504 F. Supp. 2d 803 (N.D. Cal. 2007) and the duty of an insurer to provi

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In re Tobacco Cases II, 41 Cal. 4th 1257 (Cal. 2007) considered the issue of whether the Federal Cigarette Labeling Act (15 USCS § 1331 et seq.) preempted plaintiffs' Cal Bus & Prof Code § 17200 unfair competition lawsuit against certain cigarette manufacturers. Overruling Mangini v. R.J. Reynolds By Robert C. Clifford

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In Massachusetts v. EPA, 127 S. Ct. 1438 (U.S. 2007), the U.S. Supreme Court held that the Clean Air Act authorized the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from new motor vehicles—despite the EPA's contrary claim—and that Massachusetts had standing to challenge the EPA's denial of a

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