California Writs and Appeals
Ehrlich Law Firm convinces Ninth Circuit to submit certified question to California Supreme Court
Scott Minkler appealed the district court’s order granting summary judgment on his claim against Safeco Insurance Company under a homeowner’s liability policy. Minkler’s claims arose out of Safeco’s refusal to defend Betty Schwartz, whose son David molested Minkler. Safeco denied coverage because of an exclusion in its policy for claims arising from the acts of “an” insured, because David was a resident of Betty’s home, and hence an insured under her policy.
The issue in the case is the proper construction of a provision in the Safeco policy stating that “This insurance applies separately to each insured.” The Ninth Circuit, at the Ehrlich Firm’s request, has asked the California Supreme Court to decide the meaning of that provision. Minkler v. Safeco Ins. Co., 561 F.3d 1033 (9th Cir. 2009).
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Mr. Ehrlich has briefed and argued hundreds of appeals, in the following courts: The U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 4th, 5th, 6th, 7th, 9th and 11th Circuits; the California Supreme Court; the Virginia Supreme Court; the Maryland Court of Special Appeals, the Louisiana Court of Appeals, and the California Court of Appeal. In California, Mr. Ehrlich has handled appeals in the appellate courts sitting in San Francisco (First District), Los Angeles (Second District), Sacramento (Third District) San Diego (Fourth District, Div. 1), Riverside (Fourth District, Div. 2), Santa Ana (Fourth District, Div. 3), Ventura (Second District, Div. 6),,, and Fresno (Fifth District) – in sum, every appellate court in the State except for the Sixth District, which sits in San Jose.
Both the California and the federal appellate system dispose of the vast bulk of their civil appeals in unpublished decisions. Fewer than 25% of all appeals decided are decided by published decisions that have precedential value. Mr. Ehrlich has over 55 published appellate decisions in the state and federal courts. Very few appellate lawyers in California have comparable experience with civil appeals.
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