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Elnekave v. Via Dolce Homeowners Association
Judgment issued pursuant to settlement reached between party and opposing party's insurer and representative violates Code of Civil Procedure Section 664.6.
Insurance Nov. 5, 2006
American International Specialty Lines Insurance Co. v. Continental Casualty Insurance Co.
Insurer is not liable for equitable contribution if insured breached policy's notice provisions, nor for indemnification of insured's wrongful pre-coverage acts.
Insurance Nov. 5, 2006
Camacho v. Automobile Club of Southern California
Uninsured driver fails to plead facts that demonstrate insurance companies engaged in unfair business practices.
Insurance Nov. 1, 2006
Ortega Rock Quarry v. Golden Eagle Insurance Corp.
Pollution exclusion endorsements in insurance policy were not ambiguous and excluded coverage for insured's activities.
Insurance Oct. 25, 2006
Kleveland v. Chicago Title Insurance Co.
Arbitration clause in title insurance policy cannot be enforced where there was no clear reference to policy in contract.
Insurance Oct. 23, 2006
The Standard Fire Insurance Co. v. The Spectrum Community Association
Fact that homeowners association did not exist or own property in question during policy period did not mean damage was not covered.
Insurance Oct. 23, 2006
Parkwoods Community Association v. California Insurance Guarantee Association
CIGA need not satisfy claim where it was not 'covered claim' because other insurance was available.
Insurance Oct. 22, 2006
Prince v. United National Insurance Co.
Where children died in overheated vehicle, connection between use of vehicle and injury was sufficient to trigger insurance policy's exclusion.
Insurance Oct. 22, 2006
Abatie v. Alta Health & Life Insurance Co.
In life insurance case involving discretion-granting plan in which administrator has conflict of interest, standard of review is abuse of discretion.
Insurance Oct. 19, 2006
Unified Western Grocers Inc. v. Twin City Fire Insurance Co.
If complaint alleges willful misconduct by insured, triable issue remains if liability for claim can be based on lesser degree of culpability.
Insurance Oct. 18, 2006
RLI Insurance Co. v. CNA Casualty of California
Excess insurer has no equitable subrogation claim against primary insurer where there was no excess judgment against insured.
Insurance Oct. 17, 2006
Essex Insurance Co. v. Five Star Dye House Inc.
When assignee of insured's bad faith claim brings action for wrongfully withheld policy benefits, assignee can recover related attorney fees as well.
Insurance Oct. 16, 2006
State of California v. Unumprovident Corp.
Court's determination that state failed to state cause of action in its lawsuit under Insurance Code was proper.
Insurance Oct. 16, 2006
Safeco Insurance Co. of America v. Superior Court (Century Surety Co.)
Prima facie showing of coverage by insurer triggers its duty to defend and it bears burden to prove absence of actual coverage.
Insurance Oct. 5, 2006
Bernstein v. The Travelers Insurance Co.
In case involving bad faith allegations against insurance companies, motion to compel discovery of information regarding insurance reserves is granted.
Insurance Sep. 26, 2006
Gorham Co. Inc. v. First Financial Insurance Co.
Insurance Code Section 673(d) does not require lender or insurer to give notice of cancellation of insurance policy to additional named insureds.
Insurance Sep. 12, 2006
CDM Investors v. Travelers Casualty and Surety Co.
In case where plaintiffs seek response costs, indemnification obligation under insurance coverage clause does not extend beyond damages.
Insurance Sep. 8, 2006
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend.
Insurance Sep. 7, 2006
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend.
Insurance Sep. 7, 2006
Lincoln Fountain Villas Homeowners Association v. State Farm Fire & Casualty Insurance Co.
In breach of insurance contract case, court properly granted summary judgment for insurance company where company paid agreed upon damage figure.
Insurance Sep. 6, 2006
Fuller-Austin Insulation Co. v. Highlands Insurance Co.
Insured's bankruptcy confirmation hearing was not actual trial on liability triggering excess insurer's indemnification obligations.
Insurance Sep. 6, 2006
Mid-Century Insurance Co. v. Superior Court (Bandek)
Homeowner's lawsuit against insurer that was never 'litigated to finality' may be revived by Code of Civil Procedure Section 340.9.
Insurance Aug. 30, 2006
Ashou v. Liberty Mutual Fire Insurance Co.
Insurer's reopening and reconsideration of earthquake claim tolls revived one-year statute of limitations set forth in Code of Civil Procedure Section 340.9.
Insurance Aug. 30, 2006
Farmers Insurance Exchange v. Superior Court (Ryan)
Comprehensive scheme for administrative enforcement of insurance rates could not be circumvented by filing class action in state court.
Insurance Aug. 21, 2006
Pilimai v. Farmers Insurance Exchange Co.
Insurer is liable for costs even when total exceeds policy limits when costs are added to compensatory damages.
Insurance Aug. 16, 2006
Oak Park Calabasas Condominium Association v. State Farm Fire and Casualty Co.
Condominium association's directors and officers liability policy does not provide coverage for lawsuit alleging nonpayment of reconstruction costs.
Insurance Aug. 7, 2006
North American Building Maintenance Inc. v. Fireman's Fund Insurance Co.
Exclusion for employment related practices did not prevent coverage for complaint alleging insured acted as employer.
Insurance Aug. 7, 2006
TIG Insurance Co. of Michigan v. Homestore Inc.
Trial court properly granted summary judgment for insurance company in action seeking rescission of directors and officers liability insurance policy.
Insurance Aug. 7, 2006
National Casualty Co. v. Sovereign General Insurance Services Inc.
Term in insurance contract referring to where claim was 'first brought' was not limited to mean filing of formal legal action.
Insurance Aug. 6, 2006
Benavides v. State Farm General Insurance Co.
Insured cannot state claim for negligent handling of claim where policy excludes coverage for loss.
Insurance Jul. 10, 2006