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Dishman v. UNUM Life Insurance Co. of America
State invasion of privacy tort is not pre-empted by ERISA where claim only tenuously related to plan administration.
Insurance Oct. 21, 2001
DeHerrera v. Sentry Insurance Co.
Excluding relatives of named insured from personal injury protection and uninsured motorist coverage based on their occupancy in particular vehicle violates public policy.
Insurance Oct. 19, 2001
Winters v. State Farm Mutual Automobile Insurance Co.
Insurer must pay pro-rata share of legal fees after insured obtains judgment against uninsured motorist from which insurer recouped previously paid benefits.
Insurance Oct. 18, 2001
Progressive Casualty Insurance Co. v. Engemann
Substantial nexus does not exist to warrant insurance coverage for injuries resulting from altercation with agents of policy holder.
Insurance Oct. 16, 2001
Allied Mutual Insurance Co. v. Webb
Nonpermitted use of vehicle cannot be ratified by insured after an accident in order to impose liability on insurer.
Insurance Oct. 15, 2001
Gulf USA Corp. v. Federal Insurance Co.
Loss is discovered when insured obtains facts that dishonesty or fraud caused loss.
Insurance Oct. 8, 2001
AmHS Insurance Co. v. Mutual Insurance Company of Arizona
Arizona law does not permit excess insurer to sue co-excess insurer for bad faith because they owe no duties to each other.
Insurance Oct. 7, 2001
California Ironworkers Field Pension Trust v. Loomis Sayles & Co.
When only portion of investment is imprudent, court should have used permissible percentage standard in awarding damages for breach of fiduciary duty.
Insurance Oct. 7, 2001
Safeco Insurance of Illinois v. Automobile Club Insurance
Umbrella policy that excluded coverage of members of household in auto accidents was void against as public policy.
Insurance Oct. 1, 2001
Michak v. Transnation Title Insurance Corp.
Title insurance company couldn't change its preliminary commitment for insurance without telling its insured.
Insurance Sep. 24, 2001
Safeco Insurance Co. of America v. Robert S.
Exclusion in homeowners policy for 'illegal acts' is unambiguous and doesn't require insurer to indemnify a wrongful death action.
Insurance Sep. 20, 2001
Safeco Insurance Company of America v. Robert S.
Illegal-act exclusion, which can't be given meaning, is rejected as invalid and wrongful death action is within coverage of homeowners' policy.
Insurance Sep. 20, 2001
Tait v. Hartford Underwriters Insurance Co.
Trial court authorized to increase exemplary damage award based on delaying tactics of party.
Insurance Sep. 18, 2001
20th Century Insurance Co. v. Superior Court (Ahles)
Among other things, new statute reviving previously barred insurance claims, arising out of Northridge earthquake doesn't impair insurer's right of contract.
Insurance Sep. 11, 2001
Panico v. Truck Insurance Exchange
Nonsuit judgment is reversed where court improperly required plaintiffs to show structural damage in determining whether roof had 'collapsed.'
Insurance Sep. 11, 2001
Manterola v. Farmers Insurance Exchange
Insurer's declaratory relief action did not toll limitations period and plaintiff's third-party bad faith claim was time-barred.
Insurance Sep. 10, 2001
Sipma v. Massachusetts Casualty Insurance Co.
ERISA pre-empts shareholder employee's state law claims of breach of contract against disability insurer.
Insurance Sep. 9, 2001
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim.
Insurance Sep. 9, 2001
Principal Mutual Life Insurance v. Progressive Mountain Insurance Co.
When named insured excludes coverage for other driver, insurer is not liable for injuries excluded driver causes.
Insurance Sep. 6, 2001
Lance Camper Mfg. Corp. v. Republic Indemnity Co. of America
Substantial evidence supports jury's verdict against workers' compensation insurer, and insurer must set reserves at reasonable expectation of claim's value.
Insurance Sep. 6, 2001
Housing Group v. United National Insurance Co.
Parties cannot stipulate to court's jurisdiction over settlement agreement where parties never filed pre-existing complaint with court.
Insurance Sep. 6, 2001
Avemco Insurance Co. v. Northern Colorado Air Charter Inc.
Cashing of insurance premium refund check does not constitute rescission of insurance contract.
Insurance Sep. 5, 2001
Freeman v. Allstate Life Insurance
Insured's innocent misstatement concerning her epilepsy is grounds for rescission of life insurance policy.
Insurance Aug. 23, 2001
Tosco Corp. v. General Insurance Company of America
Defendant insurer not liable for environmental clean-up costs which originated after expiration of insurance policy.
Insurance Aug. 22, 2001
Aicco Inc. v. Insurance Co. of North America
Plaintiffs have cause of action where reinsurer assumes obligations of original insurer without consent from policyholders.
Insurance Aug. 22, 2001
Levy v. PacifiCare of California
Medicare Act requires exhaustion of administrative remedies before court can hear case.
Insurance Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
Presley Homes Inc. v. American States Insurance Company
Insurer must provide defense for additional insured for entire action as matter of public policy in construction defect litigation.
Insurance Aug. 21, 2001
Century-National Insurance Company v. Glenn
Criminal acts exclusion of homeowners insurance policy applies to insured homeowner who pleads guilty to felony willful discharge of firearm.
Insurance Aug. 14, 2001