Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-55351
|
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began. |
Insurance |
|
Nov. 16, 2014 | |
D061956
|
Graciano v. Mercury General Corp.
Insurer does not wrongfully refuse to settle third party’s car accident claim, when third party’s attorney misidentified insured and his policy number. |
Insurance |
|
Nov. 13, 2014 | |
B250089
|
RNT Holdings LLC v. United General Title Insurance Co.
Insured fails to allege claim for breach of insurance contract because subsequent reconveyance of mortgage effectively relieved insurer of liability under policy. |
Insurance |
|
Oct. 28, 2014 | |
A139263
|
Snyder v. California Insurance Guarantee Association
Statute of limitations does not bar action against California Insurance Guarantee Association for declaration of obligations, if insured has not yet acquired covered claim. |
Insurance |
|
Oct. 8, 2014 | |
B251201
|
Baek v. Continental Casualty Co.
Insurer has no duty to defend massage therapist under employer’s policy for alleged sexual assault, which took place during massage at workplace. |
Insurance |
|
Oct. 6, 2014 | |
A137268
|
Ellena v. Dept. of Insurance
Employee who was denied disability benefits may sue Dept. of Insurance on allegations that Commissioner failed to review policy to ensure compliance with law. |
Insurance |
|
Oct. 1, 2014 | |
G049132
|
Mercury Casualty Co. v. Chu
Insurer may not exclude coverage for roommate's judgment against insured driver under 'resident exclusion' because they were not household family members. |
Insurance |
|
Sep. 24, 2014 | |
C071416
|
Scottsdale Insurance Co. v. National Continental Insurance Co.
When two valid policies apply to same vehicle involved in crash, policy describing vehicle is primary policy, while other policy is excess. |
Insurance |
|
Sep. 17, 2014 | |
B252830
|
Jon Davler Inc. v. Arch Insurance Co.
Insurer may deny coverage to company based on employment-related practices exclusion, including claim that supervisor falsely imprisoned her employees. |
Insurance |
|
Sep. 15, 2014 | |
A137645
|
Douglas v. Fidelity National Insurance Co.
Insurer may present evidence that another company acted as broker in support of defense that misrepresentations were made on insurance application. |
Insurance |
|
Sep. 2, 2014 | |
12-55784
|
Encompass Insurance Co. v. Coast National Insurance Co.
Insurance companies may not refuse to provide defense to insured because unloading injured passenger from motor vehicle constitutes 'use' of that vehicle. |
Insurance |
|
Aug. 13, 2014 | |
12-17195
|
Interstate Fire & Casualty Co. Inc. v. Roman Catholic Church of the Diocese of Phoenix
Insurer need not indemnify Catholic Church diocese that settled alleged sexual abuse cases where policy’s assault and battery exclusion precludes coverage for ‘any insured.’ |
Insurance |
|
Jul. 30, 2014 | |
B249271
|
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. |
Insurance |
|
Jul. 22, 2014 | |
G048399
|
Upasani v. State Farm General Insurance Co.
State Farm does not need to defend or indemnify policyholders who were sued for conspiring to abduct infant, because lawsuit did not involve ‘accidental conduct.’ |
Insurance |
|
Jun. 29, 2014 | |
B249271
|
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. |
Insurance |
|
Jun. 29, 2014 | |
B245961
|
Regional Steel Corp. v. Liberty Surplus Insurance Corp.
Insurance company does not have to defend subcontractor, because alleged damages occurred outside of policy’s effective period and did not involve property damage. |
Insurance |
|
Jun. 16, 2014 | |
S207172
|
Hartford Casualty Insurance Co. v. Swift Distribution Inc.
Insurer has no duty to defend insured under policy covering ‘personal and advertising injury’ where lawsuit did not involve disparagement of other company's product. |
Insurance |
|
Jun. 13, 2014 | |
12-56248
|
ReadyLink Healthcare Inc. v. State Compensation Insurance Fund
Federal court incorrectly abstains from deciding claim that IRS regulations preempted California Dept. of Insurance’s decision regarding premium calculation. |
Insurance |
|
Jun. 13, 2014 | |
12-55351
|
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began. |
Insurance |
|
Jun. 11, 2014 | |
11-56304
|
Pyramid Technologies Inc. v. Hartford Casualty Insurance Co.
In insurance coverage dispute, district court improperly excludes expert witness reports that would have helped determine whether warehouse flooding caused damages. |
Insurance |
|
May 20, 2014 | |
09-16487
|
Progressive Gulf Insurance Co. v. Faehnrich
Mississippi choice-of-law provision in automobile insurance policy applies to bar coverage for injuries suffered by family in rollover vehicle accident in Nevada. |
Insurance |
|
May 8, 2014 | |
A137976
|
Global Hawk Insurance Co. v. Le
Insurer may have to defend employer due to its refusal to pay driver for injuries suffered while on cross-country trip, if driver is not an employee. |
Insurance |
|
Apr. 15, 2014 | |
A136567
|
Bock v. Hansen
Homeowners may sue insurance adjuster for negligent misrepresentation where he falsely stated that their policy did not cover cost of cleaning up damage to their home. |
Insurance |
|
Apr. 4, 2014 | |
A133713
|
North Counties Engineering Inc. v. State Farm General Insurance Co.
Court improperly issues directed verdict for insurer when its own claims representatives admitted it had duty to defend construction company at trial. |
Insurance |
|
Mar. 14, 2014 | |
C071176
|
Mark Tanner Construction Inc. v. HUB International Insurance Services Inc.
General contractors may not sue their insurance broker for advising them to join self-insured workers' compensation program that later failed. |
Insurance |
|
Mar. 11, 2014 | |
B243159
|
St. Cyr v. California FAIR Plan Association
Insureds who lost homes in wildfires and received full amount of policy limits under California FAIR Plan may not seek additional payments. |
Insurance |
|
Feb. 3, 2014 | |
B243003
|
American States Insurance Co. v. Travelers Property Casualty Co. of America
Insurer must cover food truck operator's burns suffered due to hot oil splash on truck because truck was considered ‘mobile equipment’ in policy. |
Insurance |
|
Jan. 29, 2014 | |
B249470
|
Transport Insurance Co. v. Superior Court (R.R. Steet & Co. Inc.)
Additional insured's expectations of coverage under umbrella policy must be considered in determining whether insurer has duty to defend. |
Insurance |
|
Jan. 14, 2014 | |
C071365
|
White Mountains Reinsurance Co. of America v. Borton Petrini LLP
Insurer may pursue legal malpractice action against law firm, after obtaining claim as part of large commercial transfer from another insurance company. |
Insurance |
|
Nov. 26, 2013 | |
C068066
|
Berendes v. Farmers Insurance Exchange
Husband and daughter of pedestrian killed by underinsured motorist are not entitled to coverage under policy of decedent's father. |
Insurance |
|
Nov. 18, 2013 |