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NEVERKOVEC v. FREDERICKS

No. A081405.

87 Cal.Rptr.2d 856 (1999)

74 Cal.App.4th 337

Larry NEVERKOVEC, Plaintiff and Appellant, v. Joseph Gregory FREDERICKS, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

August 18, 1999.

Attorney(s) appearing for the Case

Law Offices of Harry D. Roth, Harry D. Roth, Davis, and Karen L. Blank, for Plaintiff and Appellant.

McNamara, Houston, Dodge, McClure & Ney, Guy D. Borges, Lisa M.

PARRILLI, J.

In this case we examine a problem that has recurred not only in California but across the nation. An injured party settles with an alleged tortfeasor's insurer, signing a general release agreement that appears to excuse everyone in the world from liability. Then the injured party proceeds against a different alleged tortfeasor, who raises the general release as a defense. We conclude that principles of contract law governing the rights of third party...

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