Keenan and Associates versus California schools
In, San Francisco Unified School Dist. v. Keenan and Associates, No. A112106, 2007 WL 1417419 (Cal. Ct. App. May 15, 2007), insurance broker Keenan sought to compel the San Francisco Unified School District (SFUSD) to arbitrate breach of fiduciary duty claims based upon alleged kickbacks received by Keenan from insurers issuing policies to SFUSD...
The Court found that Keenan failed to establish that SFUSD was a third party beneficiary under the contracts. Although SFUSD did claim such a relationship in its second complaint, this was not sufficient to defeat the presumption that parties presumably contract for themselves. Moreover, none of SFUSD's amended claims related to its putative third party beneficiary status.
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Week of June 1, 2007