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Mackey v. Bristol West Insurance Services of California Inc.
Cancellation notice insurer issued to insured for nonpayment prior to date on which premium was due was in violation of Insurance Code.
Insurance Oct. 12, 2003
Southgate Recreation and Park District v. California Assn. for Park and Recreation Insurance
Administrator of risk-pooling association for recreation districts does not have duty to defend and indemnify suit which alleged breach of contract.
Insurance Oct. 12, 2003
St. Paul Mercury Insurance Co. v. Frontier Pacific Insurance Co.
Court erred by interpreting ambiguous coverage terms against insurer to cover claims of insured arising from its own negligence or strict products liability.
Insurance Oct. 10, 2003
Mercado v. Allstate Insurance Co.
Plaintiff who was struck by vehicle failed to establish motorist's insurer acted in bad faith.
Insurance Oct. 9, 2003
Coast Plaza Doctors Hospital v. UHP Healthcare
Knox-Keene Health Care Service Plan Act does not preclude hospital from obtaining reimbursement from health insurance plan.
Insurance Oct. 2, 2003
Construction Protective Services Inc. v. TIG Specialty Insurance Co.
Plaintiff's complaint adequately stated prima facie right to relief on insurer's duty to defend and indemnify against setoff claim.
Insurance Oct. 1, 2003
Henkel Corp. v. Hartford Accident and Indemnity Co.
Company that purchased chemical product line did not receive insurance coverage issued to previous owners of product line.
Insurance Oct. 1, 2003
Associated Aviation Underwriters Inc. v. Purex Industries Inc.
Successors of original insureds are named insureds under insurer's policies.
Insurance Sep. 28, 2003
Construction Protective Services Inc. v. TIG Specialty Insurance Co.
Policyholder who disputes defendant's affirmative defense triggers insurance company's duty to defend suit.
Insurance Sep. 24, 2003
Hameid v. National Fire Insurance of Hartford
Insurer had duty to defend owner of beauty salon under 'advertising injury' provision of policy.
Insurance Sep. 24, 2003
MacKinnon v. Truck Insurance Exchange
Insurance policy's pollution exclusion includes injuries arising from pesticide spraying incident.
Insurance Aug. 26, 2003
Mortgage Associates Inc. v. Fidelity and Deposit Co. of Maryland
Insurers had no duty to indemnify mortgage lender for losses resulting from fraudulent scheme.
Insurance Aug. 13, 2003
Morris v. The Paul Revere Life Insurance Co.
Denial of insured's disability claim, based on policy language and law governing incontestability clauses, is not bad faith.
Insurance Aug. 12, 2003
Hurvitz v. St. Paul Fire and Marine Insurance Co.
Insurer did not require consent of insured to settle lawsuits.
Insurance Aug. 12, 2003
Rosen v. State Farm General Insurance Co.
Homeowner not covered for imminent collapse of decks when insurance policy expressly defines collapse as actual, not imminent, collapse.
Insurance Aug. 11, 2003
Khatchatrian v. Continental Casualty Co.
Death from stroke does not constitute an 'accident' within meaning of accidental death policy.
Insurance Aug. 3, 2003
Employers Insurance of Wausau v. Granite State Insurance Co.
Primary insurer's subrogation action isn't time-barred; policy 'stacking' leaves primary insurer totally responsible for settlement paid on behalf of insured.
Insurance Jul. 22, 2003
Hameid v. National Fire Insurance of Hartford
'Advertising injury' in commercial general liability insurance policy does not include personal solicitations and does not trigger insurer's duty to defend lawsuit.
Insurance Jul. 8, 2003
Westoil Terminals Co. Inc. v. Industrial Indemnity Co.
Trial court correctly found no potential for coverage under comprehensive general liability policy based on qualified pollution exclusion.
Insurance Jul. 7, 2003
United Services Automobile Assn. v. Pegos
Insurer was obligated to conduct investigation into insurability of cars insured added to policy within reasonable amount of time.
Insurance Jun. 24, 2003
People v. Weitzman
Qui tam action which alleged insurance fraud ring may proceed where insurer was original source of information of alleged claims.
Insurance Jun. 24, 2003
Foltz v. State Farm Mutual Automobile Insurance Co.
Sealing discovery materials requires showing of good cause; maintaining under seal filed documents requires compelling reason.
Insurance Jun. 23, 2003
Rosen v. State Farm General Insurance Co.
Homeowner's policy that defines term 'collapse' as 'actually fallen down or fallen into pieces' provides coverage for imminent collapse.
Insurance Jun. 10, 2003
Benitez v. North Coast Women's Care Medical Group
Lesbian's state claims against doctors who refused to provide infertility treatments are not pre-empted by ERISA.
Insurance May 21, 2003
State Farm Mutual Automobile Insurance Co. v. Campbell
Grossly excessive or arbitrary punitive damage awards are prohibited by due process clause.
Insurance May 2, 2003
Kentucky Association of Health Plans Inc. v. Miller
Kentucky's 'Any Willing Provider' statutes are not pre-empted by ERISA.
Insurance Apr. 9, 2003
Elysian Investment Group v. Stewart Title Guaranty Co.
Because recorded notice that building on property was substandard does not effect title, insurer's denial of title insurance coverage was proper.
Insurance Mar. 26, 2003
Juarez v. 21st Century Insurance Co.
Insurer was not required to give notice of time limit to file uninsured motorist claim where insured was represented by counsel.
Insurance Mar. 26, 2003
Homedics Inc. V. Valley Forge Insurance Co.
Patent infringement claims do not trigger insurer's duty to defend under commercial general liability policy.
Insurance Mar. 21, 2003
Tran v. Farmers Group Inc.
Attorney-in-fact owes insured limited fiduciary duty under power of attorney.
Insurance Feb. 28, 2003