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Timothy Richard Sullivan

Timothy Sullivan’s Legal Cases

6 total

  • Lund v. San Joaquin Valley Railroad (2003) 31 Cal.4th 1.

    Practice Area:
    Litigation
    Outcome:
    Improper damage award eliminated.
    Description:
    Disapproved a case which had been used for over thirty years by plaintiffs’ attorneys in Federal Employee Liability Act cases to introduce evidence that the injured employee was not eligible for workers compensation benefits under California law.
  • Perez v. Fire Insurance Exchange.

    Practice Area:
    Insurance
    Outcome:
    Eliminated a punitive damage award.
    Description:
    The trial court improperly allowed the jury to awared punitive damages where there was no evidence of malice or oppression. After the trial court reduced the award, the appeals court eliminated it completely.
  • Skatell v. Regert

    Practice Area:
    Insurance
    Date:
    Oct 05, 2004
    Outcome:
    Affirmed defense verdict for insurance agent.
    Description:
    The plaintiffs' home burned in a wildfire. Their policy had been changed form "guaranteed replacement cost coverage"), to replacement cost up to 125% of the policy limit ("extended replacement cost coverage"). Plaintiffs received a notification of the change that had been approved by the California Department of Insurance. The plaintiffs sued their agent (Regert) and alleged that Regert was negligent in failing to advise the Skatells of the significance of the coverage change, which left them inadequately insured. The jruy found in favor of the agent, and the appellate court affirmed.
  • Skatell v. Fire Insurance Exchange

    Practice Area:
    Insurance
    Outcome:
    Affirmed JNOV regarding punitive damages.
    Description:
    Plaintffs' home was burned in a wildfire. They sued FIE, alleging misrepresentation, fraud, breach of contract and bad faith, contending their policy had been changed from "guaranteed replacement cost" to "extended replacement cost." The appellate court affirmed a Judgment Notwithstanding the Verdict which eliminated a punitive damage award.
  • Bains v. Seltrost, LLC

    Practice Area:
    Litigation
    Date:
    Apr 30, 2002
    Outcome:
    Affirmed summary judgment in favor of defendant.
    Description:
    Purchaser of truck stop sued vendor for fraud. The trial court sustained the vendors' demurrer without leave to amend. The Court of Appeal held that: (1) trial court properly took judicial notice of court file in prior receivership proceeding involving property; (2) as a matter of law, purchaser should have been aware of every alleged false promise or representation, for purposes of three-year limitations period for fraud claims, no later than date receivership was in place and purchaser hired attorneys; and (3) failure of vendor to provide allegedly promised soil clearance and bulk sales notice within eight months prior to institution of receivership was clearly unreasonable as a matter of law.
  • T.G.S. Transportation v. Canal Insurance Co.

    Practice Area:
    Insurance
    Date:
    Oct 21, 2003
    Outcome:
    Reversed summary judgment against our client.
    Description:
    A cargo insurer denied its insured's claim for a stolen load of cargo under a cargo policy. The policy required that the listed truck be "physically attached" to an unlisted trailer in order for the cargo to be covered. Although the insured parked the truck away from the trailer, an unknown thief attached the truck to the trailer and stole its cargo. The insurer contended the actions of a thief could not create the conditions necessary to give rise to coverage. Although the district court granted summary judgment against our client, the Ninth Circuit reversed.