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| Nicoll v. Rudnick, F052948,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 27, 2008, Filed
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Overview: Because an appropriative water right was appurtenant to the entirety of an acreage that consisted of two parcels, a sale of one parcel through foreclosure included a percentage of the water right that was proportional to the amount of the acreage sold, even though the deed of trust and the trustee's deed did not expressly reserve water rights.
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| Ticconi v. Blue Shield of California Life & Health Ins. Co., B190427,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 27, 2008, Filed
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Overview: Insurer could not raise equitable defenses to defeat insured's cause of action under California's UCL, nor could it raise the defense of fraud based on alleged misrepresentations insured made in his application, where the application was neither attached to nor endorsed on the policy when issued, in violation of Ins. Code, §§ 10113 & 10381.5.
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