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Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Jan. 17, 2008
Bruyn v. Superior Court (Farmers Group Inc.)
Insurer can provide coverage for some, but not all, manifestations of peril, as long as policy is clear which perils are and are not covered.
Insurance Jan. 16, 2008
Crowley Maritime Corp. v. Boston Old Colony Insurance Co.
Insurer seeking recovery against co-insurers of its insured under theory of equitable contribution is not bound by insured’s contractual obligations to co-insurers.
Insurance Jan. 14, 2008
Edo v. GEICO Casualty Co.
Insurance company is not liable for increased premium where it would offer same rate without taking applicant's credit score into account.
Insurance Jan. 10, 2008
Willes v. State Farm Fire and Casualty Co.
To determine whether first-time insurance rate is unfair, court compares rate applicant would have received had company not taken credit score into account.
Insurance Jan. 10, 2008
Spano v. Safeco. Corp.
Insurer cannot be held liable for 'willful violation' of Fair Credit Reporting Act where misreading of its requirements was not reckless.
Insurance Jan. 10, 2008
Belz v. Clarendon America Insurance Co.
Where default judgment results from lack of notice by insured, insurer is liable on judgment unless it suffered actual, substantial prejudice.
Insurance Jan. 2, 2008
Hailey v. California Physicians' Service
Where health services plan’s rescission of contract for misrepresentation or omission is based on disputed facts, grant of summary judgment is improper.
Insurance Dec. 27, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Dec. 20, 2007
Stellar v. State Farm General Insurance Co.
Insurer owes no duty to defend its insured in defamation action when insured's allegedly defamatory statements were not accidental or negligent.
Insurance Dec. 19, 2007
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Dec. 18, 2007
The Boeing Co. v. Continental Casualty
Plaintiff does not qualify as additional insured where insurance policy is interpreted as whole and in context.
Insurance Dec. 16, 2007
Tocconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses may not be asserted to defeat claim under Unfair Competition Law against insurance provider.
Insurance Dec. 5, 2007
Goodstein v. Continental Casualty Co.
Insurance company must prove prejudice from receiver's delay in suing for defense costs from litigation over sale of contaminated sites.
Insurance Dec. 4, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Nov. 29, 2007
Bjork v. State Farm Fire and Casualty Co.
Resident relative exclusion bars coverage of mother's liability to daughter for negligence in failing to prevent sexual molestation by daughter's father.
Insurance Nov. 22, 2007
JPI Westcoast Construction LP v. RJS & Associates Inc.
Where plaintiff was excess to policy, having paid part of settlement funds on behalf of insurer, plaintiff was entitled to seek reimbursement.
Insurance Nov. 20, 2007
Cold Creek Compost Inc. v. State Farm Fire and Casualty Co.
Insurance company prevails in indemnity action where policy's pollution exclusion applies to odor, dust and noise caused by plaintiff's facility.
Insurance Nov. 20, 2007
LA Sound USA Inc. v. St. Paul Fire and Marine Insurance Co.
Insurers seeking reimbursement must show which costs can be allocated to defense of each particular insured.
Insurance Nov. 15, 2007
Mercury Casualty Co. v. Scottsdale Indemnity Co.
Allegedly self-interested conduct by insurer in lobbying for passage of certain bill is insufficient basis for invalidating resultant legislation.
Insurance Nov. 14, 2007
State of California ex rel. Metz v. Farmers Group Inc.
Automobile insurer and affiliated agents are not subject to qui tam action based on mishandling of vehicle owner's total loss claim.
Insurance Nov. 12, 2007
Financial Management Advisors LLC v. American International Specialty Lines Insurance Co.
Insurance company improperly denies coverage for claims brought by unrelated investors who have same financial advisor, but allege different 'wrongful acts.'
Insurance Nov. 5, 2007
California Capital Insurance Co. v. Farmers Insurance Group
Insurance company must contribute to settlement in personal injury action where insureds’ indemnity provision does not cover property manager’s active negligence.
Insurance Oct. 21, 2007
Jafari v. EMC Insurance Companies
Because acts committed by insured in self-defense may be deemed 'accident,' trial court erred in finding insurer had no duty to defend.
Insurance Sep. 27, 2007
Aerojet-General Corp. v. Commercial Union Insurance Co.
Insurers need not indemnify insured where settlement costs are outside scope of indemnity coverage in policies.
Insurance Sep. 16, 2007
Allstate Insurance Co. v. Mercury Insurance Co.
Insurance company must participate in proration of insured's damages pursuant to uninsured motorist insurance policy.
Insurance Sep. 6, 2007
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'.
Insurance Sep. 6, 2007
Merrick v. Paul Revere Life Insurance Co.
Insured's motion in limine is properly granted where court's finding that insurance company withheld evidence is not clearly erroneous.
Insurance Sep. 4, 2007
Essex Insurance Co. v. City of Bakersfield
Insurance policy's auto exclusions do not defeat city's reasonable expectation to be covered for claims arising from dangerous condition of public property.
Insurance Aug. 29, 2007
R.A. Stuchbery & Others Syndicate 1096 v. Redland Insurance Co.
Insurance company has no duty to defend or indemnify shuttle service where passenger's alleged rape did not result from 'use' of shuttle.
Insurance Aug. 29, 2007