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California Court of Appeal


Brandwein v. Butler, D059413

In an action to recover losses allegedly suffered as a result of unsuccessful efforts to salvage plaintiff's 65-foot yacht, which ran aground on a Mexican beach, in which plaintiff claimed losses in excess of the insured amount, that the yacht was underinsured, and that plaintiff suffered emotional distress, the trial court's pretrial orders regarding the claims against defendants Oversea Brokers and the Underwriters are affirmed, where: 1) the trial court correctly sustained defendant Overseas Broker's demurrer to the claims alleging failure to make inquiries and to properly advise plaintiff regarding the amount of insurance coverage; 2) the settlement agreement barred plaintiff's claims against the underwriters; and 3) the trial court properly struck plaintiff's request for emotional distress damages.

Appellate Information

  • Decided 08/23/2013
  • Published 08/23/2013

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel

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