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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
Insua v. Scottsdale Insurance Co.
No-voluntary-payments provision precludes insured from recovering pre-tender expenses.
Insurance Feb. 23, 2003
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee.
Insurance Feb. 20, 2003
People v. Fremont Life Insurance Co.
Civil penalty was properly imposed against insurer for unlawfully selling annuities to senior citizens.
Insurance Feb. 20, 2003
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
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
Imbler v. Pacificare of California Inc.
Health insurer cannot compel arbitration of patient's claims for breach of contract.
Insurance Feb. 4, 2003
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
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
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
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
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
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
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
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
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
Pecarovich v. Allstate Insurance Co.
Damage to policyholder's home may have been covered by flood insurance policy.
Insurance Nov. 12, 2002
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
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
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
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
Allstate Insurance Co. v. Huizar
Insurance contact cannot be construed to permit award of attorney fees.
Insurance Oct. 9, 2002
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
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
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
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
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
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
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
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