California Court of Appeal

Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Cambridge Integrated Serv. Group, Inc., A120072

In an action raising claims of negligence breach of contract, negligent misrepresentation, and subrogation brought by plaintiff-insurance company against defendant-administrator of excess insurance to workers' compensation program for the handling of a workers' compensation claim, judgment precluding claims by plaintiff against defendant is reversed in part and affirmed in part where: 1) defendant had a duty of care to plaintiff under the circumstances as pleaded; 2) plaintiff was a third party beneficiary of the contract; 3) plaintiff was subrogated to the Bank's rights against defendant; and 4) court did not err in dismissing the cause of action for negligent misrepresentation.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Horvitz & Levy, Peter Abrahams and Curt Cutting, Encino;  Dongell Lawrence Finney, Richard A. Dongell, John A. Lawrence and Joshua N. Levine, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Buchalter Nemer, Holly J. Fujie, Los Angeles, and Efrat M. Cogan, for Defendant and Respondent.