Written by Jeffrey I. Ehrlich, Appellate Specialist
California appeals lawyer, Jeffrey I. Ehrlich, is the principal of the Ehrlich Law Firm with Los Angeles County law offices. He is certified as an appellate specialist by the California Bar’s Committee on Legal Specialization, and is the editor-in-chief of the Consumer Attorneys of Southern California’s Advocate magazine.
Ehrlich Law Firm wins insurance bad-faith victory in California Supreme Court
Insurance companies in California can no longer prevail in bad-faith lawsuits brought by their policyholders simply by showing that there was a “dispute” about whether the insurer should pay the claim. In Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, the Supreme Court reined in the so-called “genuine dispute rule” that had become the insurance industries’ most potent defense in bad-faith cases, holding that the rule only applied at the summary-judgment stage, and then only in cases where a jury would be unable to make a finding that the insurer had acted unreasonably. The Wilson ruling makes it much harder for insurers to obtain summary judgment in bad-faith lawsuit.
- The basics of California Appeals — two not-so-simple rules: Filing a timely notice of appeal and designating a proper record
- The ever-expanding genuine-dispute doctrine, and how to deal with it. Advocate. August 2007 | Download .pdf
- The genuine dispute doctrine after Wilson v. 21st Century Ins. Co.
Advocate. August 2008 | Download .pdf
- Defeating the “Genuine Issue” Defense at Summary Judgment. By William M. Shernoff and Jeffrey I. Ehrlich.| Download .pdf
- How to preserve it for appeal: The right way to to make a record. Adocate. February 2008 | Download .pdf
- An interview with Justice Paul Turner. Advocate. December 2007 | Download .pdf
- When Arbitration Becomes Impossible: When are parties excused from an agreement to arbitrate? Advocate. January 2006. | Download .pdf
- Starting a solo practice: One lawyer’s odessy. Advocate. July 2007 | Download .pdf
- Be prepared for the new statuatory changes that will affect the filing of writ petitions in California. Advocate. 2002 | Download .pdf
- It’s looking a lot like 1989: Changes in the law governing the construction of insurance policies in California. Consumers Attorneys of California (CAOC). June 2004.| Download .pdf
- Can HMOs avoid liability for withholding care and shortening the life of a terminally ill plan member? Consumers Attorneys of California (CAOC). January/February 2002. | Download .pdf
- Stumbling out of the starting gate: the first decision to apply State Farm v. Campbell gets it wrong. Daily Journal. September 5, 2003. | Download .pdf
- Ruling Clarifies Federal ERISA Pre-Emption of State Measures: Kentucky Association of Health Plans, Inc. v. Miller, 123 S.Ct. 1471(2003). | Download .pdf
- Effective Oppositions to Motions for Summary Judgment | Download .pdf
- Pegram v. Herdrich, 90 days later. | Download .pdf
- California Court of Appeal Published Decisions
- Articles for Attorneys, Consumers and Policyholders
- Legal Writing for the Plaintiffs’ Trial Bar
- Sample Briefs
Southern California civil appeals attorney, Jeffrey I. Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, with Los Angeles County law offices.