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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
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
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
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
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
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
Valentine v. Membrila Insurance Services Inc.
Stipulated judgment against policyholder does not create presumption of liability against insurance broker.
Insurance Jul. 29, 2004
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
Haynes v. Farmers Insurance Exchange
Limiting provisions of insurance policy must be conspicuous and clear to layperson to be enforceable.
Insurance Jul. 29, 2004
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
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
Miranda v. 21st Century Insurance Co.
Court had jurisdiction to dismiss arbitration regarding underinsured motorist claim.
Insurance Jul. 28, 2004
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
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
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
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
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
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
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
Brizuela v. CalFarm Insurance Co.
Insurer may deny claim where insured fails to submit to requirement of examination under oath.
Insurance Jul. 12, 2004
McNeill v. State Farm Life Insurance Co.
Policyholder may sue insurer for fraud despite having participated in class action lawsuit.
Insurance Jul. 12, 2004
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
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
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
Universal Health Services Inc. v. Thompson
Hospitals' failure to raise argument for Medicare reimbursements in appropriate forum results in waiver.
Insurance Jul. 8, 2004
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
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
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
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
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