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Jon Davler, Inc. v. Arch Ins. Co., 229 Cal. App. 4th 1025 (2014)

After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of them was on her menstrual period. When the employees…

Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011)

Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim alleging violation of the Unfair Competition Law, plaintiffs alleged…

Westrec Marina Mgmt., Inc. v. Arrowood Indemn. Co., 163 Cal. App. 4th 1387 (2008)

Westrec sued its insurance carrier, Arrowood, after the carrier refused to provide a defense to an employment discrimination lawsuit on the ground that Westrec had failed to timely report the third-party claim as required under the terms of two successive directors and officers liability insurance policies issued by Arrowood. Bette…

Harris v. Superior Court, 154 Cal. App. 4th 164 (2007)

Plaintiffs, members of four coordinated class actions filed against two insurance companies, alleged they were improperly classified as exempt employees in violation of the administrative exemption from the overtime requirements of California law. Applying the Administrative/Production Worker Dichotomy analysis, the Court of Appeal concluded that plaintiffs were primarily engaged in work that fell on…

In re Farmers Ins. Exch., 466 F.3d 853 (9th Cir. 2006)

In this class action case, more than 2,000 current and former insurance claims adjusters sought overtime pay under the Fair Labor Standards Act (FLSA), alleging that Farmers had improperly classified them as exempt administrative employees. The Ninth Circuit applied a regulation issued by the United States Department of Labor (29 C.F.R. § 541.203),…