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· 11/13/1996

Michaelian v. State Compensation Insurance Fund

Citations

  • 50 Cal. App. 4th 1093
  • 58 Cal. Rptr. 2d 133
  • 61 Cal. Comp. Cases 1268
  • 96 Cal. Daily Op. Serv. 8243
  • 96 Daily Journal DAR 13687
  • 1996 Cal. App. LEXIS 1055
  • 69 Empl. Prac. Dec. (CCH) 44,512

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that forbearance on a claim is not sufficient consideration when the claim is wholly invalid or worthless
  • explaining that a constructive trust may be based on breach of fiduciary duty
  • IIED barred by intentional act exclusion but makes no mention of recklessness
  • “Since pleadings are easily amended, the proper focus is on the facts alleged, rather than the theories for recovery. However, the insured may not speculate about unpled third party claims to manufacture coverage.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thaxter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.