Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B169211
|
State Compensation Insurance Fund v. Workers' Compensation Appeals Board (California Insurance Guarantee Assoc.)
Compensable temporary disability or permanent disability satisfies requirements of Labor Code in granting relief for work-related injury. |
Insurance |
|
Aug. 23, 2004 | |
F035196
|
Farmers Insurance Exchange v. Low
Court must determine if records detailing number of exposures and premium dollars earned by insurer are exempt from disclosure under Government Code. |
Insurance |
|
Aug. 12, 2004 | |
F029400
|
Jonathan Neil & Associates Inc. v. Jones
Billing mistake by insurer does not create tort action for breach of duty of good faith and fair dealing. |
Insurance |
|
Aug. 5, 2004 | |
G031194
|
Travelers Casualty and Surety Co. v. Century Surety Co.
Defendant insurer had duty to contribute on pro rata basis for legal expenses incurred by plaintiff insurer in defending common insured. |
Insurance |
|
Jul. 30, 2004 | |
S102251
|
State Farm Mutual Automobile Insurance Co. v. Garamendi
'Community Service Statement' filed by insurance companies is subject to public inspection and public disclosure. |
Insurance |
|
Jul. 29, 2004 | |
C042707
|
F & H Construction v. ITT Hartford Insurance Co. of the Midwest
Use of inadequate pile caps during construction project was not 'property damage' under insurance policy. |
Insurance |
|
Jul. 29, 2004 | |
B160568
|
Valentine v. Membrila Insurance Services Inc.
Stipulated judgment against policyholder does not create presumption of liability against insurance broker. |
Insurance |
|
Jul. 29, 2004 | |
B170729
|
Chen v. Superior Court (Gill)
Trial court erred in approving payment of medical malpractice claim which was excluded by Insurance Code Section 1280.7. |
Insurance |
|
Jul. 29, 2004 | |
S104851
|
Haynes v. Farmers Insurance Exchange
Limiting provisions of insurance policy must be conspicuous and clear to layperson to be enforceable. |
Insurance |
|
Jul. 29, 2004 | |
G020323
|
Textron Financial Corp. v. National Union Fire Insurance Co. of Pittsburgh, Pennsylvania
Punitive damages award that is more than 10 times amount of compensatory damages is reduced. |
Insurance |
|
Jul. 29, 2004 | |
D040282
|
Mercury Casualty Co. v. Maloney
Passenger is obligated to reimburse insurer for medical payments it made from settlement proceeds she received from driver at fault for accident. |
Insurance |
|
Jul. 29, 2004 | |
G031774
|
Miranda v. 21st Century Insurance Co.
Court had jurisdiction to dismiss arbitration regarding underinsured motorist claim. |
Insurance |
|
Jul. 28, 2004 | |
D041811
|
Gray Cary Ware & Freidenrich v. Vigilant Insurance Co.
Dispute between insurer and policyholder regarding defense expenses incurred by independent counsel is not subject to arbitration. |
Insurance |
|
Jul. 26, 2004 | |
B164482
|
Corby v. Gulf Insurance Co.
Plaintiff is entitled to recover under bond issued to developer of housing project subject to Subdivided Lands Law. |
Insurance |
|
Jul. 26, 2004 | |
G031221
|
Roth v. L.A. Door Co.
Employer's claim is not "covered claim" under Insurance Code therefore it is not entitled to reimbursement from CIGA. |
Insurance |
|
Jul. 26, 2004 | |
B169994
|
California Fair Plan Assn. v. Superior Court (Darwish)
Insured's failure to submit to examination under oath bars action against insurer for recovery of loss. |
Insurance |
|
Jul. 26, 2004 | |
B160624
|
Ochs v. Pacificare of California
Health care plan isn't statutorily obligated to pay for emergency services when payment responsibilities are delegated to medical provider. |
Insurance |
|
Jul. 23, 2004 | |
C042523
|
Black Diamond Asphalt Inc. v. Superior Court (Adames)
Law does not preclude self-insured plaintiff from seeking indemnification from insured of insolvent insurer. |
Insurance |
|
Jul. 21, 2004 | |
B169455
|
Fire Insurance Exchange v. Superior Court (Altman)
Victims of Northridge earthquake are entitled to insurance coverage for building code upgrades but not land stabilization. |
Insurance |
|
Jul. 12, 2004 | |
B160875
|
Brizuela v. CalFarm Insurance Co.
Insurer may deny claim where insured fails to submit to requirement of examination under oath. |
Insurance |
|
Jul. 12, 2004 | |
B161845
|
McNeill v. State Farm Life Insurance Co.
Policyholder may sue insurer for fraud despite having participated in class action lawsuit. |
Insurance |
|
Jul. 12, 2004 | |
B165390
|
Mercury Insurance Co. v. Ayala
Coverage under 'bodily injury' clause of defendant's insurance policy does not include nonphysical, or mental harm. |
Insurance |
|
Jul. 12, 2004 | |
B164112
|
Jordan v. Allstate Insurance Co.
Trial court erred in granting summary judgment where unresolved questions of fact remain as to whether homeowner is entitled to insurance coverage. |
Insurance |
|
Jul. 12, 2004 | |
02-35263
|
Providence Health Plan v. McDowell
Health care insurer's lawsuit for breach of contract against policyholder was not pre-empted by ERISA. |
Insurance |
|
Jul. 12, 2004 | |
02-56611
|
Universal Health Services Inc. v. Thompson
Hospitals' failure to raise argument for Medicare reimbursements in appropriate forum results in waiver. |
Insurance |
|
Jul. 8, 2004 | |
S109609
|
E.M.M.I. Inc. v. Zurich American Insurance Co.
Vehicle theft exclusion in 'jeweler's block' insurance policy doesn't apprise insured that coverage is lost by merely stepping out of car. |
Insurance |
|
Jul. 1, 2004 | |
02-1845
|
Aetna Health Care Inc. v. Davila
Respondents' state causes of action fall within scope of ERISA and are pre-empted and removable to federal court. |
Insurance |
|
Jun. 22, 2004 | |
B161761
|
Schools Excess Liability Fund v. Westchester Fire Insurance Co.
Because material issue of fact exists as to issue of mutual mistake in insurance policy, grant of summary judgment was improper. |
Insurance |
|
Jun. 9, 2004 | |
G028171
|
Haynes v. Farmers Insurance Exchange
Coverage limits contained in insurance provision written in vague language and placed near end of policy may not be enforceable. |
Insurance |
|
May 14, 2004 | |
B159982
|
Donabedian v. Mercury Insurance Co.
Proposition 103 permits lawsuit against insurer who used applicants' absence of prior insurance to determine premiums, discount and insurability. |
Insurance |
|
May 4, 2004 |