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Modification: Murray v. UPS Capital Insurance Agency, Inc.

Lower Court

Orange County Superior Court

Lower Court Judge

Gregory H. Lewis

Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.





Court

California Courts of Appeal 4DCA/3

Cite as

2020 DJDAR 10821

Published

Oct. 7, 2020

Filing Date

Oct. 5, 2020

Opinion Type

Modification

Disposition Type

Reversed and Remanded


DAVID MURRAY,

Plaintiff and Appellant,

v.

UPS CAPITAL INSURANCE AGENCY, INC,

Defendant and Respondent.

 

No. G058353

(Super. Ct. No. 30-2018-00997998)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed October 5, 2020

 

ORDER MODIFYING OPINION;

REQUEST FOR REHEARING DENIED; NO CHANGE IN

JUDGMENT

 

It is ordered that the opinion filed herein on September 11, 2020, be modified as follows:

(1) At the top of page 2, in the first sentence the word "Postal" will be deleted and replaced with the word "Parcel"; and

(2) At the bottom of page 26, in the last sentence the word "presumption" will be deleted and replaced with the words "reasonable inference."

This modification does not change the judgment.

The petition for rehearing is denied.

O'LEARY, P. J.

WE CONCUR:

BEDSWORTH, J.

GOETHALS, J.

#276136

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