Defendant health insurer sought review
Defendant health insurer sought review of a judgment from the Superior Court of Los Angeles County (California), which denied its petition to compel arbitration of a coverage dispute in which plaintiff enrollee asserted causes of action for unfair competition, declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing.
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After the enrollee incurred a large amount of medical bills, the insurer rescinded his coverage on the ground that he had omitted material facts from the application. The enrollee alleged that he had requested applications in Spanish, that the insurer had sent him completed applications in English, and that the insurer had an unfair practice of rescinding agreements based on unintentional misstatements. The trial court found that the arbitration disclosure in the enrollment form was not prominently displayed because almost all of the provision, except for one sentence that appeared to conflict with the remainder of the disclosure, was limited to issues of medical malpractice. The court concluded that the disclosure did not... More
by iblogs on 2021-05-21 05:16:36
Plaintiff lessee filed an action for general and special damages for the breach of the implied covenant of quiet and enjoyment in a lease executed by defendant lessor. The Superior Court of the City and County of San Francisco (California) granted lessor's motion to strike out much of lessee's offered evidence and entered a directed verdict in favor of lessor. Lessee appealed.
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Two mortgages that were executed by a prior owner were in default, and a foreclosure order was obtained. Lessor argued that lessee's action was barred by the statute of limitation, Cal. Civ. Code § 338(1), as lessee did not institute its action upon the commencement of the foreclosure proceeding. The court held that lessor's argument was without merit, as the covenant of quiet possession was not breached until there was an eviction; as such, the action was timely when it was filed two years after the eviction. Lessor next argued that lessee could not maintain the action, as it was merely an assignee of the original lease. The court held that this argument lacked merit, as the original lessee's remedies against lessor passed to lessee upon the assignment. Lessor... More
by iblogs on 2021-05-19 04:36:52
Different Types Of Broadband Connection Speeds Explained.
Which Is The Best Overall?
Broadband refers to the speed at which your devices connect to the internet at any point in time. If there’s a broadband problem, that means that your device receives and transmits data packets very slowly.
It’s quite unfortunate that in this day and age people are still using slow internet. The average home requires about 15mps for all the devices to have proper connectivity. Otherwise, it becomes inevitable that all the videos will buffer for longer and the sites they visit will have longer load times. While there’s a difference in pricing between slow connection and fast high-quality connection, the latter remains to be very affordable.
Why do you need a fast internet as a gamer?
With fast broadband, you can do uncountable things online that would be almost impractical with poor connectivity. Some good examples include streaming your favorite movies and playing games online. Even though the best broadband for streaming is slightly different from the best broadband for online gaming, both of these activities are bandwidth-intensive so they tend to push your broadband connection to the limits.
Broadband providers are not... More
by iblogs on 2021-05-11 07:39:46
Top Ways to Save Money on Your Mobile Contracts.
If you think you spend too much and want to reduce some of your production, it might be worth looking at your cell phone bill. Cell phones are definitely a necessity, but with some smart decisions, you should be able to shave a few dollars off your monthly expenses and see just what you need from a cell plan.
When looking to purchase a new phone, you can feel overwhelmed considering the sheer number of deals and available offers. With many providers delivering hundreds of contract combinations, finding an excellent and cost-effective deal can be a daunting task. They ensure that you take the below-discussed considerations to compare mobiles to get the best deal that can save you money in the long term.
Check Your Usage.
One of the biggest mistakes you can make when opting for a mobile phone contract is not your usage requirements. It can be just as costly as paying for more than you need if the data, minutes, and calls are not enough. It is also an indication that you are probably not in a suitable contract.
Avoid Going for Over Allowances.
A simple way to check the use of your bill will avoid accidental leaps or running over your allowances. Most mobile... More
by iblogs on 2021-05-11 07:35:55
Plaintiff condominium association appealed a judgment of the Los Angeles County Superior Court, California, in favor of defendant insurer following a bench trial in which the trial court found that an insurance policy issued to the association offered no potential for coverage in an underlying action brought against the association, leading the trial court to conclude the insurer did not breach its duties to defend or indemnify the association.
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The association's structures suffered considerable damage after an earthquake. As a result, the association made agreements with a contractor to repair the damaged structures. Following several contractual modifications, the association refused to pay the remaining amounts owed to the contractor. The contractor then sued the association and the owners of the condominiums. In the instant case, the court only addressed the issues presented under the directors and officers liability portion of the policy. The court concluded that the concept of fortuity required a disposition favoring the insurer. The association alleged nothing which was... More
by iblogs on 2021-05-10 07:13:46
Defendant corporation appealed the judgment entered by the Superior Court of Orange County (California), which found it liable for both general damages and punitive damages due to the actions of defendant franchisee in connection with a construction contract with plaintiff homeowners.
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Plaintiff homeowners contracted with defendant franchisee for the construction of a patio after defendant franchisee submitted false plans to the county for approval. Plaintiffs demolished the construction after the county cited plaintiffs for code violations. Plaintiffs filed a claim for breach of contract and fraud, and recovered general damages, and punitive damages. On appeal, defendant corporation contended that defendant franchisee was an independent contractor. The court held that defendant franchisee was an agent of defendant corporation based on defendant corporation's exercise of control and ostensible authority over defendant franchisee. The fact that the franchise agreement did not create an agency relationship was not controlling. The court found that, contrary to defendant corporation's argument, punitive damages... More
by iblogs on 2021-05-10 07:10:53
GCF - How to Find the Greatest Common Factor of Numbers?
In mathematics, the greatest common factor (GCF) or HCF is an important topic based on factors of numbers. This topic holds great importance in school math as well as in math of higher studies. The concept of GCF is applied in number theory, fractions, modular arithmetic, and many other important math topics. The sound knowledge of this topic’s fundamental concepts is foundational for advanced math taught in the later grades.
A child learns the concept of factors and multiple in lower classes. Proceeding to higher-grades, they study more complex concepts based on them. Kids start to learn the concept of LCM, GCF, or HCF and various word problems based on them. To understand the concept of HCF, a child needs to have a clear understanding of factorization. The knowledge of GCF is also useful in simpler applications like simplifying fractions. For this reason, it is important that the child understands and learns the concept of factors and GCF from the beginning to master various skills based on it.
What is GCF?
In the language of basic algebra, the greatest common factor (GCF) of a set of numbers is the largest factor that all the numbers have the same in... More
by iblogs on 2021-05-10 07:05:38