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Kotler v. Pacificare of California
Plaintiff can establish breach of contract against HMO that unreasonably delayed referral to specialist.
Insurance Aug. 30, 2005
Gerling Global Reinsurance Corp. of America v. Garamendi
Insurers of Holocaust-era policies were prevailing parties entitled to award of reasonable attorney fees.
Insurance Aug. 29, 2005
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage.
Insurance Aug. 23, 2005
American Insurance Association v. Garamendi
Insurance regulation regarding 'use it and lose it' homeowner's policies was invalid.
Insurance Aug. 22, 2005
PMI Mortgage Insurance Co. v. American International Specialty Lines Insurance Co.
Company's violations of real estate statute were 'wrongful acts' covered by malpractice insurance policy.
Insurance Aug. 21, 2005
Fiege v. Cooke
Settlement is enforceable where insurers fully cover settlement under policy that gives them right to settle without insureds' consent.
Insurance Aug. 21, 2005
American Casualty Company of Reading, PA v. General Star Indemnity Co.
Coverage of additional insured is unlimited although policyholder would not have to indemnify because loss resulted from negligence of additional insured.
Insurance Aug. 11, 2005
Rombe Corp. v. Allied Insurance Co.
Definition of 'advertising' in commercial general liability policy does not extend its scope to include personal solicitation.
Insurance Aug. 9, 2005
California Insurance Guarantee Assoc. v. Workers' Compensation Appeals Board (Argonaut Insurance Co.)
Insurer is not entitled to reimbursement from insurance guarantee association for benefits paid to injured party.
Insurance Aug. 9, 2005
Julian v. Hartford Underwriters Insurance Co.
Insurer may rely on provision excluding damage caused by rain-induced landslide to deny homeowner's claim.
Insurance Aug. 9, 2005
Radian Guaranty Inc. v. Garamendi
Insurer that is authorized to transact mortgage guaranty insurance may not sell title insurance.
Insurance Aug. 9, 2005
Third Blind Eye Inc. v. Near North Entertainment Insurance Services LLC
Insured who prevailed on issue of coverage may pursue negligence claims against business manager and insurance broker.
Insurance Aug. 9, 2005
Carmel Development Co. v. RLI Insurance Co.
Excess insurer was not obligated to contribute to settlement equally with other excess insurer.
Insurance Aug. 9, 2005
Cordova v. 21st Century Insurance Co.
Insured whose claim was barred by limitations period is not precluded from obtaining equitable relief.
Insurance Aug. 9, 2005
Bullard v. California State Automobile Association
Amendment that extends statute of limitations for uninsured motorist claims to two years is not retroactive.
Insurance Aug. 9, 2005
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application.
Insurance Aug. 9, 2005
Penn-America Insurance Co. v. Mike's Tailoring
Insurance policy exclusion for water that backs up from sewer includes sewage that accompanies water.
Insurance Aug. 8, 2005
Stephenson v. Argonaut Insurance Co.
Trial court may dismiss action against insurer seeking relief for failure to indemnify insured when no potential for coverage existed.
Insurance Aug. 8, 2005
Berger v. California Insurance Guarantee Association
California Insurance Guarantee Association may be liable for claims of victims of Northridge quake against insolvent insurers.
Insurance Aug. 8, 2005
Gill v. Rich
Members of medical malpractice trust must pay assessments levied upon them in receivership action.
Insurance Aug. 5, 2005
Berger v. California Insurance Guarantee Association
California Insurance Guarantee Association may be liable for claims of victims of Northridge quake against insolvent insurers.
Insurance Aug. 3, 2005
Mitchell v. United National Insurance Co.
Insurer may rescind fire insurance policy for misrepresentations in application that were not willful.
Insurance Aug. 2, 2005
Garamendi v. Golden Eagle Insurance Co.
Insurer properly rejected chemical exposure claims under the policy's pollution exclusion provision.
Insurance Aug. 2, 2005
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage.
Insurance Jul. 22, 2005
Daun v. USAA Casualty Insurance Co.
Insurance policy that excludes motor vehicles with less than four wheels from coverage is contrary to public policy.
Insurance Jul. 12, 2005
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application.
Insurance Jun. 17, 2005
Gerling Global Reinsurance v. Garamendi
Insurers of Holocaust-era policies were prevailing parties entitled to award of reasonable attorney fees.
Insurance Jun. 13, 2005
PMI Mortgage Insurance Co. v. American International Specialty Lines Insurance Co.
Company's violations of real estate statute were 'wrongful acts' covered by malpractice insurance policy.
Insurance Mar. 10, 2005
City of Los Angeles v. Allianz Insurance Co.
City that directed traffic on loading dock was not covered 'borrower' of truck under insurance policy.
Insurance Feb. 14, 2005
People v. National Automobile and Casualty Insurance Co.
Criminal defendant who did not appear at hearing based on court's statements did not cause forfeiture of bail bond.
Insurance Jan. 18, 2005