Recent Developments

Code of Civil Procedure Sec. 366.2’s one year after the date of death statute of limitations applies to an action on the liability of a deceased person, without regard to the location of the decedent’s personal representative or estate; such limitations period is not tolled during the minority of the plaintiffs.

Farb v. Superior Court (Farb) – filed June 2, 2009, Second District, Div. Four

Where insured lessor routinely leased nearly three quarters of its commercial fleet of trailers to independent truckers with whom it contracted for hauling jobs, and leased two trailers to independent trucker who in turn made a profit from their use but was involved in multiple-vehicle accident, activity was not “merely incidental” to lessor’s business and qualified under former Insurance Code Sec. 11580.9(b) for conclusive presumption that policy was excess to other insurance covering the loss.

Sentry Select Insurance Company v. Fidelity & Guaranty Insurance Company – filed May 4, 2009, Cite as 2009 SOS 2534
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