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Delgado v. Interinsurance Exchange of The Automobile Club of Southern California
Insured's unreasonable belief in self-defense does not turn intentional battery and assault into 'accident' warranting coverage.
Insurance Aug. 4, 2009
Dupree v. Holman Professional Counseling Centers
Insurer's refusal to provide reimbursement for services obtained by non-contracted residential treatment center is proper.
Insurance Jul. 30, 2009
Bosetti v. The United States Life Insurance Co.
Summary judgment reversed for determination of whether former employee's disability was mental and physical prior to termination.
Insurance Jul. 21, 2009
Yeager v. Blue Cross of California
Health insurance provider satisfies duty to offer infertility treatment coverage where plaintiff claimed that amount offered was insufficient.
Insurance Jul. 17, 2009
OneBeacon America Insurance Co. v. Fireman's Fund Insurance Co.
Insurer's obligation for equitable contribution arises when notice of litigation is given and diligent inquiry would reveal potential exposure to claim.
Insurance Jul. 16, 2009
Biltmore Associates LLC v. Twin City Fire Insurance Co.
Policy excluding claims by insured against corporation’s directors and officers also bars assignee’s claim for coverage.
Insurance Jul. 14, 2009
Maystruk v. Infinity Insurance Co.
Insurer is not required to pay 100 percent of reasonable repair costs incurred at facility of insured's choice.
Insurance Jul. 13, 2009
Venoco Inc. v. Gulf Underwriters Insurance Co.
Insurance policy requiring oil company to notify insurer of toxic pollution claim within 60 days of discovering accident is enforceable.
Insurance Jul. 3, 2009
State Farm General Insurance Co. v. Mintarsih
Insurer has no obligation to pay costs awarded against insureds arising from claims that were not at least potentially covered by policies.
Insurance Jun. 29, 2009
OneBeacon America Insurance Co. v. Fireman's Fund Insurance Co.
Insurer's obligation for equitable contribution arises when notice of litigation is given and diligent inquiry would reveal potential exposure to claim.
Insurance Jun. 26, 2009
Supervalu Inc. v. Wexford Underwriting Managers Inc.
Trial court properly excludes extrinsic evidence where insured interpreted policy as aggregating multiple injuries sustained by employees into one injury.
Insurance Jun. 26, 2009
Supervalu Inc. v. Wexford Underwriting Managers Inc.
Trial court properly excludes extrinsic evidence where insured interpreted policy as aggregating multiple injuries sustained by employees into one injury.
Insurance Jun. 24, 2009
Travelers Indemnity Co. v. Bailey
Approved settlement bars actions related to insurer's coverage of asbestos manufacturer where plaintiffs claimed that insurer hid information obtained during coverage period.
Insurance Jun. 19, 2009
Oravecz v. New York Life Insurance Co.
Summary judgment proper where plaintiff failed to allege triable issue of material fact that broker was not independent contractor.
Insurance Jun. 11, 2009
Weston Reid LLC v. American Insurance Group Inc.
Uninsured motorist coverage is not considered third party coverage subject to Hospital Lien Act.
Insurance Jun. 8, 2009
Evanston Insurance Co. v. OEA Inc.
Notice of suit holding insured liable was received prior to insurance policy period entitling insurer to reimbursement for defense costs.
Insurance May 21, 2009
Coast Plaza Doctors Hospital v. Blue Cross of California
No ordinary preemption under ERISA for claim arising from statute requiring California health care providers to reimburse for insured's emergency care.
Insurance May 11, 2009
Freedman v. State Farm Insurance Co.
Where water damage is excluded peril, insurance policy may refuse coverage for water damage induced by third-party negligence.
Insurance May 6, 2009
Mintz v. Blue Cross of California
Health care plan administrator must exercise due care in protecting plan member from injury caused by administration of benefits.
Insurance Apr. 20, 2009
Fairbanks v. Superior Court of Los Angeles County (Farmers New World Life Insurance Co.)
Life insurance does not qualify as 'service' subject to the Consumers Legal Remedies Act.
Insurance Apr. 20, 2009
Northrop Grumman Corp. v. Factory Mutual Insurance Co.
Where excess policy excludes flood coverage in contrast to primary policy, insurer is not required to pay for damage from Hurricane Katrina.
Insurance Apr. 3, 2009
Alexander Manufacturing Inc. Employee Stock Ownership Plan and Trust v. Illinois Union Insurance Co.
Under Oregon law, anti-assignment clause does not cover post-loss assignments of interest.
Insurance Mar. 26, 2009
Troyk v. Farmers Group Inc.
Summary judgment reversed where plaintiff did not address how alleged conduct caused 'injury in fact' required by Unfair Competition Law.
Insurance Mar. 12, 2009
Walker v. Geico General Insurance Co.
Request for injunctive relief absent showing of lost money or property insufficient standing to sue under California Unfair Competition Law.
Insurance Mar. 11, 2009
Broberg v. Guardian Life Insurance Company of America
Insurance policy disclaimers insufficient inquiry notice to trigger statute of limitations period for unfair competition claim.
Insurance Mar. 3, 2009
McCoy v. Progressive West Insurance Co.
Reasonableness instruction pursuant to California Civil Instruction 2331 supports insurer bad claim finding where no genuine issue is shown.
Insurance Mar. 2, 2009
Sutter Health Uninsured Pricing Cases
Court has broad discretion to approve class action settlement as fair and reasonable, motion to intervene requires filing of compliant in intervention.
Insurance Feb. 26, 2009
Executive Risk Indemnity Inc. v. Jones
Insurer is bound by default judgment against its insured when given notice and opportunity to defend.
Insurance Feb. 24, 2009
Winterrowd v. American General Annuity Insurance Co.
Plaintiffs may recover attorney fees generated by member of Oregon Bar who assists California attorney in litigating case before district court.
Insurance Feb. 18, 2009
National Union Fire Insurance Co. of Pittsburgh v. Cambridge Integrated Services Group Inc.
In insurance case, defendant's duty of care to plaintiff does not create conflict of loyalties.
Insurance Feb. 13, 2009