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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained.

Insurance Third-Party Claims: Liability Insurance

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Unlike a first-party claim, a third-party claim against an insurance company involves someone who was not the policyholder. In the typical third-party liability policy, the carrier assumes a contractual duty to pay judgments that the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by the insured.[1] Some first-party insurance contracts provide benefits to third parties as well as to the named insured. Claims under such policies can be made directly against the insurer by the injured party, and thus are not third-party claims. The most common third-party claims are liability claims, and they usually arise in the context of vehicle collisions.

The scope of liability insurance coverage of a third party claim is determined by the tort law source of the insured’s liability, and thus will be based on concepts such as fault, proximate cause and duty.[2] Most often, third parties will sue for negligence, which will require the plaintiff to show that the intermediary owed them a duty. In the context of vehicle collisions, for example, there is a duty to drive reasonably and with due care. Third parties are not permitted to enforce covenants under the insured’s policy in the absence of a judgment. But once the insured has been found liable for the third party’s injury, the insurer steps in. Of course, the amount of compensation will depend on the limits of the insured’s policy.

The attorneys at Kershaw, Cook & Talley work to help individuals, families, and businesses recover for various injuries, making sure to consider the scope of insurance policies. If you or a loved one has been injured, contact us for a confidential case consultation, free of charge and obligation at: (888) 997-5170, or fill out the contact form on this page.

[1] 39A Cal. Jur. 3d Insurance Contracts § 450.

[2] State v. Allstate Ins. Co., 45 Cal. 4th 1008, 201 P.3d 1147 (2009).

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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