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Schwartz v. State Farm Fire and Casualty Company
Excess insurer breached covenant of good faith and fair dealing by failing to save proportionate share of insured's benefits for insured's claim.
Insurance May 9, 2001
St. Paul Fire and Marine Insurance Co. v. Mid-Century Insurance Co.
Business use exclusion is invalid under Colorado's No Fault Act.
Insurance May 7, 2001
Gerling Global REinsurance Corp. of America v. Low
Injunction against enforcing Holocaust Victim Insurance Relief Act is upheld, but act doesn't violate commerce clause or foreign affairs power.
Insurance May 7, 2001
Pacific Fisheries Corp. v. HIH Casualty & General Insurance, Ltd.
Breach of trading warranty renders insurance policy void even if claimed loss was not caused by breach.
Insurance May 6, 2001
Young v Teti
Case law doesn't permit plaintiff to have offset to damage award reduced for attorney fees.
Insurance May 6, 2001
City of Arvada v. Colorado Intergovernmental Risk Sharing Agency
Self-insurance pools don't qualify as 'insurers' for purposes of the Colorado Intergovernmental Risk Sharing Agency.
Insurance May 6, 2001
Philadelphia Indemnity Insurance Co. v. Barerra
Exclusion provision of car rental insurance agreement, contrary to ordinary customer's reasonable expectations, is unenforceable.
Insurance May 1, 2001
Day v. City of Fontana
Proposition 213, which bars uninsured motorists from recovery of noneconomic damages, may be applied retroactively.
Insurance May 1, 2001
Allstate Insurance Co. v. King
Homeowner's insurance does not cover injuries inflicted by policyholder who fatally shot neighbors.
Insurance Apr. 30, 2001
Olivine Corp. v. United Capitol Insurance Co.
Cancellation of policy for nonpayment is not valid where insurer fails to notify all interested parties as required by statute.
Insurance Apr. 30, 2001
Mcallister v. Agora Syndicate Inc.
Negligence claim not covered under policy's assault and battery exclusion where negligence claim is based upon assault and battery.
Insurance Apr. 26, 2001
Fichtner v. Mutual of Enumclaw Insurance Co.
When insurance company pays maximum amount available under policy, there are no issues appropriate for arbitration.
Insurance Apr. 24, 2001
Glasebrook v. Mutual of Omaha Insurance Co.
Insurance company is not required to accept new enrollees as new clients where it has ceased writing new business.
Insurance Apr. 23, 2001
Brinkerhoff v. Campbell
Insurer has no duty to disclose policy limits, but must correct claimant's mistaken belief as to policy limit after direct inquiry.
Insurance Apr. 23, 2001
Fluke Corp. v. Hartford Accident
Indemnification for malicious prosecution and punitive damages is not against Washington public policy.
Insurance Apr. 23, 2001
Anderson v. State Farm Mutual Ins. Co.
Insurance company acts in bad faith by failing to disclose that insured's policy includes underinsured motorist coverage.
Insurance Apr. 22, 2001
Kaplan v. Northwestern Mutual Life Ins. Co.
Summary judgment is improper when factual issues exist about whether insured seeking benefits made claims as soon as reasonably possible.
Insurance Apr. 20, 2001
Panorama Village Condominium Owners Assn. Board of Directors v. Allstate Insurance Co.
Insurance policy's suit-limitation provision requires association to act with reasonable diligence once event that puts association on notice of claim occurs.
Insurance Apr. 20, 2001
Shade Foods Inc. v. Innovative Products Sales & Marketing Inc.
In bad faith lawsuit, punitive damages award is excessive where insurer's conduct does not amount to conscious disregard for insured's rights.
Insurance Apr. 19, 2001
Cates Construction, Incorp. v. Talbot Partners
Surety's liability is co-extensive with that of the principal and can include covenants implied in bond.
Insurance Apr. 19, 2001
J.P. Meyer Trucking & Construction v. Colorado School Districts Self Insurance Pool
Right to interlocutory appeal is not provided for in No-Fault Act and Uniform Arbitration Act.
Insurance Apr. 19, 2001
Aerojet-General Corp. v. Transport Indemnity Co.
Site investigation expenses can constitute defense costs insurer must incur in fulfilling duty to defend.
Insurance Apr. 18, 2001
Sweatman v. Department of Veterans Affairs
Disability coverage under Cal-Vet home protection plan isn't insurance subject to mandatory provisions of Insurance Code.
Insurance Apr. 9, 2001
Williams v. American Familyi Mutual Insurance Co.
Order
Insurance Apr. 4, 2001
Lomes v. Hartford Financial Services Group Inc.
Director is not covered by commercial general liability policy unless acting in capacity as director.
Insurance Mar. 30, 2001
Mirville v. Mirville
Order
Insurance Mar. 28, 2001
Chabner v. MHP United of Omaha Life Insurance Company
Nonstandard life insurance premium for muscular dystrophy found to violate state disability discrimination law
Insurance Mar. 22, 2001
Rowland v. Great States Insurance Co.
Court errs in granting summary judgment on bad faith claim when triable issues of fact as to reasonableness of insurer's conduct exist.
Insurance Mar. 21, 2001
Clementi v. Nationwide Mutual Fire Ins. Co.
Supreme Court adopts notice-prejudice rule in uninsured motorist cases.
Insurance Mar. 20, 2001
American Continental Insurance Co. v. American Casualty Co.
Nurse's insurance company is not required to contribute to defense of malpractice claim against hospital when nurse is not named in suit.
Insurance Mar. 14, 2001