| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-55923
|
Intri-Plex Technologies Inc. v. The Crest Group Inc.
Insured’s suit is properly dismissed as impermissible attempt to split single cause of action where insurer already settled its subrogated action against tortfeasor. |
Insurance |
|
Aug. 28, 2007 | |
|
B188432
|
Archdale v. American International Specialty Lines Insurance Co.
Statute of limitations on viable contract claim for failure to accept reasonable settlement offer is equitably tolled until judgment is deemed final. |
Insurance |
|
Aug. 24, 2007 | |
|
B198538
|
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 |
|
Aug. 24, 2007 | |
|
C053355
|
California Capital Insurance Co. v. Nielsen
Insurance company is not required to pay uninsured motorist benefits on accident with uninsured vehicle because owner’s personal umbrella policy covered ownership. |
Insurance |
|
Aug. 1, 2007 | |
|
B190427
|
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses cannot be used to defeat cause of action under Unfair Competition Law against insurance provider. |
Insurance |
|
Jul. 31, 2007 | |
|
B188432
|
Archdale v. American International Specialty Lines Insurance Co.
Insurer's failure to accept reasonable settlement offer breaches liability policy's implied covenant of good faith, supporting claim sounding in tort or contract. |
Insurance |
|
Jul. 25, 2007 | |
|
04-16963
|
Ball v. Rodgers
New case law dictates Medicaid Act's 'equal access' provision does not accord class of elderly and disabled Medicaid beneficiaries individual rights. |
Insurance |
|
Jul. 17, 2007 | |
|
B186943
|
Marquez Knolls Property Owners Association Inc. v. Executive Risk Indemnity Inc.
Exclusion from coverage does not apply where underlying exclusionary activities were not performed by insured, but by third party. |
Insurance |
|
Jul. 15, 2007 | |
|
B189115
|
Lazy Acres Market Inc. v. Tseng
Insured that hires own attorney and settles suit cannot later recover fees in malpractice action against insurance company's attorney. |
Insurance |
|
Jul. 5, 2007 | |
|
B192590
|
Burns v. California Fair Plan
Multiple insureds cannot recover more than value of destroyed property on fire insurance claim resulting from single occurrence. |
Insurance |
|
Jun. 27, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
Jun. 26, 2007 | |
|
04-35181
|
Caliber One Indemnity Co. v. Wade Cook Financial Corp.
Court properly concludes that insurance contract's deductible refers to total insured value of damaged property. |
Insurance |
|
Jun. 26, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 14, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 14, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 13, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 13, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
May 29, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
May 16, 2007 | |
|
G036451
|
Padilla Construction Co. Inc. v. Transportation Insurance Co.
Umbrella insurer is not obligated to defend lawsuit where primary insurance is available. |
Insurance |
|
May 15, 2007 | |
|
B188714
|
Pacific Business Connections Inc. v. St. Paul Surplus Lines Insurance Co.
Insurer properly denies claim after financing company cancels policy for nonpayment. |
Insurance |
|
May 4, 2007 | |
|
H029043
|
Stonelight Tile Inc. v. California Insurance Guarantee Association
In insurance case, California Insurance Guarantee Association prevails where plaintiff's loss is not 'covered claim'. |
Insurance |
|
Apr. 25, 2007 | |
|
G035677
|
Levy v. State Farm Mutual Automobile Insurance Co.
There is no minimum standard for determining required repairs for restoring insured vehicle to pre-accident condition. |
Insurance |
|
Apr. 24, 2007 | |
|
B187706
|
Jordan v. Allstate Insurance Co.
Prior litigation finding insurer's policy interpretation 'reasonable' does not justify summary disposition of insured's bad faith claim. |
Insurance |
|
Apr. 23, 2007 | |
|
B188740
|
Simon Marketing v. Gulf Insurance Co.
Loss of business and settlement and defense costs are not considered 'property' under property insurance contract. |
Insurance |
|
Apr. 11, 2007 | |
|
S136690
|
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Renovation work being performed on building at time of loss may have rendered building 'under construction' such that vacancy exclusion does not apply. |
Insurance |
|
Mar. 29, 2007 | |
|
G035046
|
Transcontinental Insurance Co. v. Insurance Co. of the State of Pennsylvania
Insurer that tendered defense may not seek reimbursement from other insurers if underlying claims defended were not potentially covered by other insurer's policies. |
Insurance |
|
Mar. 28, 2007 | |
|
D049257
|
Interinsurance Exchange of the Automobile Club v. Superior Court (Williams)
Interest charged for making payment of annual premium in installments is not considered part of 'premium' paid for coverage. |
Insurance |
|
Mar. 26, 2007 | |
|
B187706
|
Jordan v. Allstate Insurance Co.
Prior litigation finding insurer's policy interpretation 'reasonable' does not justify summary disposition of insured's bad faith claim. |
Insurance |
|
Mar. 23, 2007 | |
|
E038114
|
O'Hanesian v. State Farm Mutual Automobile Insurance Co.
Arbitration was appropriate forum for plaintiff seeking determination of rights to uninsured motorist benefits under terms of insurance policy. |
Insurance |
|
Mar. 21, 2007 | |
|
D048522
|
Bouton v. USAA Casualty Insurance Co.
Arbitration of dispute regarding whether claimant is entitled to uninsured motorist benefits is mandated by statute, and cannot be limited by policy's language. |
Insurance |
|
Mar. 21, 2007 |
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