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August 11, 2024
Judge David H. Barlick Civility and Sportsmanship Award
Celebrating Excellence: Sweetwater Union High School Mock Trial Team Honored with Judge David H. Barlick Civility and Sportsmanship Award Burton Kelley, LLP, congratulates the Sweetwater Union High School Mock Trial team for their hard work, growth, and successes during and in preparation for the 2024 San Diego County High School Mock Trial Competition. The team was […]
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September 1, 2019
2019 Presentation: Realities and Solutions of Marijuana Claims
Michelle Burton recently led a presentation on the Realities and Solutions of Marijuana Claims at a September 2019 joint conference of the CPCU and CAIP. The presentation advised key players in the insurance and legal industries of the state of marijuana legality in the country and what that means for understanding and effectively evaluating claims that […]
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November 17, 2024
Onward to a Cure: 2024 Susan G. Komen 3-Day®
Thank you to each of our donors who supported Shoecraft Burton’s participation in the Susan G. Komen 3-Day® in honor of our Associate and breast cancer survivor, Rachael Kelley....
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August 11, 2024
Marijuana Law – A Comparative Analysis
Published in the September 2018 issue of For The Defense magazine (DRI The Voice of the Defense Bar); Michelle Burton, Esq. and Robert May, Esq. discuss A Comparative...
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August 11, 2024
ACTUAL COST COVERAGE OR REPLACEMENT COST COVERAGE
Buying a home, for most of us, is both an exciting and overwhelming experience. During the transaction we are inundated with mounds of legal documents that our real...
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November 20, 2022
Walk for the Cure
Burton Kelley partners to walk 60 Miles November 18-20 in the 3-Day Susan G. Komen Walk for the Cure with a team of survivors to support finding a...
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Industry News
A VALID 998 OFFER DOES NOT REQUIRE AN ACCEPTANCE LINE
Case Overview:
In October 2013, the Fourth District Court of Appeal further clarified the requirements for a valid Code of Civil Procedure section 998 offer in Rouland v. Pacific Specialty Insurance Company.
During heavy rains in 2005, Lars and Lisa Rouland’s (Plaintiffs) home in Bluebird Canyon, Laguna, California, suffered damage when a landslide dislodged a footing, compromising the home’s support. Pacific Specialty Insurance Company (PSIC), which insured the home, denied their claim due to standard exclusions for subsidence, earth movement, wear and tear, and slow leaking pipes. The policy did not cover land repairs, including land stabilization.
Legal Proceedings:
Plaintiffs sued PSIC for bad faith denial of a covered claim. PSIC won summary judgment, but Plaintiffs appealed, arguing hidden decay in a sewer pipe—not rain—caused the hillside collapse. The appellate court reversed, citing a triable issue of fact due to ambiguous policy language regarding collapse from hidden decay.
After reversal, PSIC deposed Plaintiffs’ experts, who were revealed to be friends of Plaintiffs’ counsel with no foundation for their opinions, relying on a photograph rather than inspecting the pipe. Plaintiffs designated new experts for trial.