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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

April 2007      MCLE Test and Answer Sheet

Test Number 158: Supplemental Appropriations

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Holders of commercial general liability insurance policies generally are not insured for damages arising from breach of contract.
 True.
 False.

2. Commercial general liability insurers must reimburse insureds for awards of attorney's fees under Civil Code Section 1717 and Code of Civil Procedure Sections 1032 et seq.
 True.
 False.

3. California case law provides that commercial general liability insurers must reimburse insureds for a statutory award of attorney's fees.
 True.
 False.

4. According to California case law, judgment creditors may be denied the right to recover an award of attorney's fees under the Direct Action Statute.
 True.
 False.

5. An insurer is not obligated to pay costs that are not covered as a result of the insurer's indemnity obligation.
 True.
 False.

6. Due to the wording of most insurance policies, attorney's fees that are awarded as part of prevailing party contract clauses can be considered costs associated with the insurer's defense obligation.
 True.
 False.

7. California law permits a judgment creditor to recover from the judgment debtor's insurer if the insurer is a nonadmitted Mexican insurer.
 True.
 False.

8. The recovery of a judgment creditor in a direct action against the judgment debtor's insurer is subject to the terms and limitations of the judgment debtor's policy.
 True.
 False.

9. The duty of a California commercial general liability insurer to pay an award of contractual attorney's fees against its insured is part of the insurer's duty to defend and thus is owed only to its insured.
 True.
 False.

10. If an insurer has performed its duty to defend its insured against a lawsuit, the judgment creditor may have a right to recover an award of attorney's fees from the insured.
 True.
 False.

11. An insurer that owes its insured a duty to defend might be liable to its insured for breach of the duty of good faith and fair dealing if it refuses to pay an award of attorney's fees.
 True.
 False.

12. An insurer cannot be held liable to a judgment creditor under the Direct Action Statute for bad faith as a result of the insurer's failure to pay a judgment obtained against its insured.
 True.
 False.

13. An insured judgment debtor cannot assign a bad-faith claim to its judgment creditor.
 True.
 False.

14. A judgment creditor with a final judgment against an insured defendant becomes a third-party beneficiary of the insurance policy--and the insurer owes duties to that judgment creditor, such as good faith and fair dealing.
 True.
 False.

15. An insurer can be held liable to a judgment creditor under the Direct Action Statute for bad faith for filing a frivolous appeal.
 True.
 False.

16. Insurance Code Section 533 precludes a commercial general liability insurer from paying an award of attorney's fees as part of a judgment for intentional discrimination on the basis of race.
 True.
 False.

17. Insurance Code Section 533 precludes indemnification of an insured but does not affect the insurer's duty to defend.
 True.
 False.

18. The obligation to pay costs taxed to the insured arises only after liability is established.
 True.
 False.

19. Case law is clear that Insurance Code Section 533 would preclude a commercial general liability insurer from paying an award of attorney's fees as part of a judgment for intentional conduct as well as willful statutory violations.
 True.
 False.

20. A commercial general liability insurer need not pay costs taxed against an insured if any part of the costs are awarded for uncovered claims.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.
If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.
 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

Copyright 2007, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
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