On August 18, 2011, the California Supreme Court’s decision in Howell v. Hamilton Meats (2011) 52 Cal.4th 541, drastically reduced the amount an injured person may claim as past medical expense damages in a personal injury lawsuit.  When a tortiously injured person receives medical care for his or her injuries, the provider of that care often accepts as full payment, pursuant to a preexisting contract with the injured person's health insurer, an amount less than that stated in the provider's bill. Prior to the Court’s decision in Howell v. Hamilton Meats, the tortuously inju...

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Personal injuries arising from physical assaults are all too common.Often times these injuries lead to lawsuits.Even injuries caused by an act of self-defense can lead to a personal injury lawsuit. If faced with a personal injury lawsuit arising from an assault, is there insurance coverage for the victim's injuries? Most homeowners' insurance policies provide coverage for "accidents" caused by the insured.During the last four decades, California courts routinely recognized that injuries arising from an assault done in self-defense fell within scope of "accidents" for purposes of insurance co...

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