Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-55963
|
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 | |
99SC379
|
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 | |
69656-0
|
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 | |
00-6282
|
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 | |
F034484
|
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 | |
99-35881
|
Gulf USA Corp. v. Federal Insurance Co.
Loss is discovered when insured obtains facts that dishonesty or fraud caused loss. |
Insurance |
|
Oct. 8, 2001 | |
99-15703
|
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 | |
99-56520
|
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 | |
47172-4
|
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 | |
25589-8-II
|
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 | |
B115342
|
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 | |
S078199
|
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 | |
00CA1754
|
Tait v. Hartford Underwriters Insurance Co.
Trial court authorized to increase exemplary damage award based on delaying tactics of party. |
Insurance |
|
Sep. 18, 2001 | |
B147464
|
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 | |
G024336
|
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 | |
00-0108
|
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 | |
00-1289
|
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 | |
46498-1-I
|
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim. |
Insurance |
|
Sep. 9, 2001 | |
99SC836
|
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 | |
B131976
|
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 | |
A089555
|
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 | |
99CA1262
|
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 | |
99-16501
|
Freeman v. Allstate Life Insurance
Insured's innocent misstatement concerning her epilepsy is grounds for rescission of life insurance policy. |
Insurance |
|
Aug. 23, 2001 | |
A082765
|
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 | |
A092096
|
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 | |
E022431
|
Levy v. PacifiCare of California
Medicare Act requires exhaustion of administrative remedies before court can hear case. |
Insurance |
|
Aug. 21, 2001 | |
G021825
|
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 | |
G021825
|
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 | |
G023182
|
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 | |
C028573
|
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 |