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Nationwide Mutual Ins. v. Shimon
Auto insurance policy excluding coverage for 'regular use' of non-owned vehicle bars coverage for teenager's accident under mother's policy.
Insurance Dec. 18, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Nov. 17, 2015
Grebow v. Mercury Insurance Co.
Insurer not liable for reimbursement costs in connection with repairs to homeowners' rear deck to prevent imminent insurable damage.
Insurance Oct. 27, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Oct. 26, 2015
Grebow v. Mercury Insurance Co.
Insurer not liable for reimbursement costs in connection with repairs to homeowners' rear deck to prevent imminent insurable damage.
Insurance Oct. 23, 2015
RSL Funding v. Alford
Order approving assignment of annuity payment violates Structured Settlement Protection Act because annuity issuer may not be required to divide payments.
Insurance Sep. 11, 2015
Sequeira v. Lincoln National Life Ins. Co.
Ambiguity in supplemental insurance policy regarding whether insured had to be at work on New Year's Day is interpreted in favor of insured's reasonable expectations.
Insurance Sep. 2, 2015
Fluor Corp. v. Superior Court (Hartford Accident & Indemnity Co.)
California Supreme Court overturns case law that placed limitations on assignment of third party liability insurance benefits to the extent it contravened Insurance Code Section 520.
Insurance Aug. 21, 2015
RSL Funding v. Alford
Order approving assignment of annuity payment violates Structured Settlement Protection Act because annuity issuer may not be required to divide payments.
Insurance Aug. 20, 2015
Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.
Insurer may seek reimbursement for excessive fees charged by insured's counsel in third-party action.
Insurance Aug. 11, 2015
Williams v. National Union Fire Insurance Co. of Pittsburgh, PA
Insurer properly denied accidental death benefits to insured's family because insured's death from Deep Vein Thrombosis did not constitute 'accident' under policy.
Insurance Jul. 7, 2015
Kaady v. Mid-Continent Casualty Co.
Summary judgment for insurance company inappropriate where sufficient evidence regarding 'known loss' is not presented.
Insurance Jun. 25, 2015
Lee v. Cal. Capital Insurance Co.
Overbroad interpretation of insurance appraisal panel's purview renders court order an error.
Insurance Jun. 21, 2015
Guam Industrial Services Inc. v. Zurich American Insurance Co.
Insurer not liable for cost of retrieving oil barrels from sea where no oil ever leaked out and barrel itself did not constitute 'pollutant.'
Insurance Jun. 1, 2015
Stankova v. Metropolitan Property and Casualty Insurance Co.
Homeowner may proceed with lawsuit against insurer that denied coverage, where home was destroyed by mudslide resulting from wildfire.
Insurance May 31, 2015
Centex Homes v. St. Paul Fire and Marine Insurance Co.
Developer's declaratory action against subcontractor's insurer regarding allocation of defense costs and fees is premature because insured's potential liability was still unknown.
Insurance May 26, 2015
Albert v. Mid-Century Insurance Co.
Lawsuit stemming from trimming of neighbor's trees based on intentional, nonaccidental conduct is excluded from coverage under insurance policy.
Insurance May 20, 2015
Prichard v. MetLife Ins. Co.
Where other documentation exists, Summary Plan Description of retirement plan does not constitute governing terms of plan.
Insurance Apr. 21, 2015
Crown Capital Securities L.P. v. Endurance American Specialty Insurance Co.
Insurer properly denies coverage to undisclosed claims under application provision that excluded coverage for claims arising from previously disclosed claim.
Insurance Apr. 12, 2015
Association of California Insurance Cos. v. Jones
Insurance Commissioner lacks authority to promulgate regulation related to homeowner insurance involving replacement coverage.
Insurance Apr. 8, 2015
Alterra Excess & Surplus v. Estate of Buckminster Fuller
Intellectual property rights exclusion in insurance policy bars coverage of right of publicity claims.
Insurance Mar. 10, 2015
DuBeck v. California Physicians’ Service
Blue Shield’s delayed assertion of its right to rescind constituted a waiver of its rights to do so.
Insurance Mar. 5, 2015
Gonzalez v. Fire Insurance Exchange
Refusal to defend insured, though plaintiff’s complaint and policy’s express coverage had some overlap, may have been breach of contract.
Insurance Mar. 4, 2015
Windsor Food Quality Co. Ltd. v. The Underwriters of Lloyds of London
Food manufacturer cannot file insurance claim based on USDA recall of supplier’s allegedly contaminated beef product.
Insurance Mar. 3, 2015
Harrington v. EquiTrust Life Ins. Co.
Affirmative misrepresentation, or non-disclosure coupled with independent duty, required for racketeering suit to reach trial.
Insurance Feb. 24, 2015
McMillin Companies LLC v. American Safety Indemnity Co.
Denial of insurer’s summary judgment motion on duty to defend for failure to meet initial burden does not necessarily establish such duty.
Insurance Jan. 23, 2015
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim.
Insurance Jan. 22, 2015
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs.
Insurance Dec. 19, 2014
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs.
Insurance Nov. 25, 2014
Elliott v. Geico Indemnity Co.
Insurer is not required to pay insured any benefits under underinsured motorist provision, when insured already recovered more than policy limit from third-party tortfeasor.
Insurance Nov. 19, 2014