Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C030059
|
Hillenbrand Inc. v. Insurance Co. of North America
Insurer that sued policyholder for declaration there was no duty to defend is liable for malicious prosecution. |
Insurance |
|
Feb. 24, 2003 | |
B155799
|
Insua v. Scottsdale Insurance Co.
No-voluntary-payments provision precludes insured from recovering pre-tender expenses. |
Insurance |
|
Feb. 23, 2003 | |
A097404
|
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee. |
Insurance |
|
Feb. 20, 2003 | |
B139066
|
People v. Fremont Life Insurance Co.
Civil penalty was properly imposed against insurer for unlawfully selling annuities to senior citizens. |
Insurance |
|
Feb. 20, 2003 | |
B156359
|
Kapsimallis v. Allstate Insurance Co.
Where claim involves cataclysmic damage, insurers may not determine 'inception of loss' as date when physical event caused damage. |
Insurance |
|
Feb. 20, 2003 | |
B146226
|
Buxbaum v. Aetna Life and Casualty Co.
Law firm that reduced its hours due to flood is not entitled to insurance benefits for business interruption. |
Insurance |
|
Feb. 4, 2003 | |
E030820
|
Imbler v. Pacificare of California Inc.
Health insurer cannot compel arbitration of patient's claims for breach of contract. |
Insurance |
|
Feb. 4, 2003 | |
01-16693
|
Conestoga Services Corp. v. Executive Risk Indemnity Inc.
Exclusion in errors and omissions policy does not excuse insurer's duty to defend malpractice action. |
Insurance |
|
Feb. 4, 2003 | |
D038707
|
County of San Diego v. Ace Property & Casualty Insurance Co.
There is no duty to indemnify claims neither litigated nor approved by insurer. |
Insurance |
|
Feb. 4, 2003 | |
B134742
|
Henkel Corp. v. Lloyd's of London
Insurer may have duty to defend and indemnify successor corporation if 'triggering event' occurred during time covered by policy. |
Insurance |
|
Feb. 3, 2003 | |
D036401
|
Barratt American Inc. v. Transcontinental Insurance Co.
Developer may recover repair costs from liability insurer even if only a few homeowners have joined in suit. |
Insurance |
|
Feb. 3, 2003 | |
01-36013
|
Dewitt Construction Inc. v. Charter Oak Fire Insurance Co.
Damages resulting from reinstallation of substandard work are covered under general liability policy. |
Insurance |
|
Jan. 15, 2003 | |
01-55378
|
Avery Dennison Corp. v. Allendale Mutual Insurance Co.
Insurance policy did not cover intangible property such as insured's trade secrets. |
Insurance |
|
Jan. 15, 2003 | |
00-17468
|
Cort v. St. Paul Fire and Marine Insurance Companies
No duty to defend insured exists in action arising from insured's painting over mural because action wasn't within personal or advertising injury coverage of policy. |
Insurance |
|
Jan. 15, 2003 | |
C039872
|
Wilson v. Farmers Insurance Exchange
Decrease in value of home due to unfinished renovation was not covered by all-risk homeowner's policy. |
Insurance |
|
Dec. 30, 2002 | |
00-17055
|
Pension Trust Fund for Operating Engineers v. Federal Insurance Co.
Lawsuit for breach of fiduciary duty triggered insurance company's duty to defend policyholder. |
Insurance |
|
Dec. 15, 2002 | |
00-55400
|
Pecarovich v. Allstate Insurance Co.
Damage to policyholder's home may have been covered by flood insurance policy. |
Insurance |
|
Nov. 12, 2002 | |
C030059
|
Hillenbrand Inc. v. Insurance Co. of North America
Insurer liable for malicious prosecution where they denied duty to defend by instituting declaratory action against insured. |
Insurance |
|
Nov. 12, 2002 | |
99-17148
|
Vencor Inc. v. National States Insurance Co.
Under Medicare supplemental insurance contract, insurance company only is obligated to pay hospital amount that Medicare would have paid for patient's care. |
Insurance |
|
Nov. 10, 2002 | |
01-16402
|
Anthem Electronics Inc. v. Pacific Employers Insurance Co.
California law requires general liability insurers to defend against negligence and breach of contract claim. |
Insurance |
|
Oct. 29, 2002 | |
B148904
|
St. Paul Fire and Marine Insurance Co. v. American Dynasty Surplus Lines Insurance Co.
'Mere presence' on jobsite does not automatically result in jobsite's owner's liability of 'ongoing operations.' |
Insurance |
|
Oct. 13, 2002 | |
01SC9
|
Allstate Insurance Co. v. Huizar
Insurance contact cannot be construed to permit award of attorney fees. |
Insurance |
|
Oct. 9, 2002 | |
B149093
|
Whiteside v. Tenet Healthcare Corp.
Entity which owns and operates hospital, at which patient received medical treatment, may obtain payments from both patient's individual policy and group policy. |
Insurance |
|
Oct. 7, 2002 | |
B152561
|
Royal Surplus Lines Insurance Co. Inc. v. Ranger Insurance Co.
Insured and its insurer may be sued in same first party action. |
Insurance |
|
Oct. 2, 2002 | |
D035486
|
McMeans v. Scripps Health
Hospital may assert lien for reasonable value of services when patient lacked insurance coverage for services received. |
Insurance |
|
Oct. 2, 2002 | |
E029969
|
Upland Anesthesia Medical Group v. The Doctors' Company
Withholding epidural care from indigent women because Medi-Cal would not cover procedure is intentional act and excluded from coverage under insurance policy. |
Insurance |
|
Oct. 2, 2002 | |
S086518
|
Dart Industries Inc. v. Commercial Union Insurance Co.
Insured is not required to prove actual language of insurance policy when lost or destroyed in good faith. |
Insurance |
|
Oct. 2, 2002 | |
A091934
|
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend policyholder from lawsuit asserting class injuries and seeking economic damages. |
Insurance |
|
Oct. 1, 2002 | |
S088829
|
Allen v. Sully-Miller Contracting Co.
Civil Code Section 3333.4 bars uninsured motorcyclist from recovering noneconomic losses in premises liability action. |
Insurance |
|
Oct. 1, 2002 | |
B144337
|
Stoops v. Abbassi
Physician who is member of interindemnity trust may not sue other members directly for failing to pay assessments. |
Insurance |
|
Oct. 1, 2002 |