Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B113595
|
Fireman's Fund Insurance Co. v. Superior Court (Vickers Inc.)
Insurer's duty to defend against any 'suit' doesn't include duty to defend against administrative claim. |
Insurance |
|
Sep. 26, 2000 | |
B097260
|
PPG Industries Inc. v. Transamerica Insurance Co.
Punitive damages against insured cannot be passed to insurer in breach of duty to settle action. |
Insurance |
|
Sep. 26, 2000 | |
B093517
|
Broughton v. Cigna Healthplans of California
Insurer can't compel arbitration of suit under California Consumers Legal Remedies Act. |
Insurance |
|
Sep. 25, 2000 | |
B104166
|
Walker v. 20th Century Insurance Co.
Convicted felon cannot recover attorney fees from insurer for breach of covenant of good faith. |
Insurance |
|
Sep. 25, 2000 | |
S073678
|
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy. |
Insurance |
|
Sep. 25, 2000 | |
99-0370
|
Taylor v. Travelers Indemnity Co.
Policy that completely excludes underinsured motorist coverage for other than duplication of recovery is prohibited by statute. |
Insurance |
|
Sep. 19, 2000 | |
98-6134, 98-6145, 98-6164 and 98-6166
|
Centra Inc. v. Chandler Insurance Co.
Order |
Insurance |
|
Sep. 19, 2000 | |
99-725
|
Provident Life & Accident Ins. v. Henry
Disability insurance policy may condition benefits on insured's consent to 'appropriate' medical care including surgery. |
Insurance |
|
Sep. 18, 2000 | |
99SC133
|
Smith v. Farmers Insurance Exchange
Medicare Secondary Payer provisions of Social Security Act doesn't limit amount medical provider can collect from no-fault insurer where Medicare has made conditional payment. |
Insurance |
|
Sep. 18, 2000 | |
B132007
|
Louise Gardens of Encino Homeowners' Assn. Inc. v. Truck Insurance Exchange
Arbitration decisions resulting from failure to follow guidelines proscribed by policy may be overturned if timely challenged. |
Insurance |
|
Aug. 31, 2000 | |
A082975
|
Peerless Lighting Corp. v. American Motorists Insurance Co.
Advertising injuries don't include injuries that occur during an effort to sell a product specifically manufactured for a single customer on a specific project. |
Insurance |
|
Aug. 30, 2000 | |
99-250
|
Country Mutual Insurance Co. v. Fonk
Exhaustion clause doesn't bar insured's recovering underinsured motorist benefits where damages exceed limits of tortfeasor's policy and insured settles for less than liability limits. |
Insurance |
|
Aug. 29, 2000 | |
G022048
|
Belmonte v. Employers Insurance Co.
Insurer does not owe duty to defend when no conceivable theory can bring claim within policy coverage. |
Insurance |
|
Aug. 29, 2000 | |
99-0354
|
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage. |
Insurance |
|
Aug. 29, 2000 | |
99-0354
|
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage. |
Insurance |
|
Aug. 29, 2000 | |
D033347
|
Fire Insurance Exchange v. Hammond
Insurance company may sue under theory of subrogation where policy of insured/lessor is not intended for mutual benefit of lessee. |
Insurance |
|
Aug. 27, 2000 | |
98-36054
|
National Warranty Ins. Co. v. Greenfield
Oregon law regulating risk-retention groups is pre-empted by federal Liability Risk Retention Act. |
Insurance |
|
Aug. 25, 2000 | |
S062139
|
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action. |
Insurance |
|
Aug. 25, 2000 | |
G024720
|
Nager v. Allstate Insurance Co.
Summary judgment for insurance company upheld in bad faith claim when company paid promptly and other bills satisfied from settlement proceeds. |
Insurance |
|
Aug. 23, 2000 | |
G024720
|
Nager v. Allstate Insurance Co.
Summary judgment for insurance company upheld in bad faith claim when company paid promptly and other bills satisfied from settlement proceeds. |
Insurance |
|
Aug. 23, 2000 | |
D032817
|
Fraley v. Allstate Insurance Co.
Homeowner's policy may require completion of repairs within 180-day time limit and absolve insurer from payment of projects taking longer. |
Insurance |
|
Aug. 18, 2000 | |
98-5034
|
Pitman v. Blue Cross and Blue Shield of America
Insurer that also functions as plan administrator has conflict of interest when denying coverage. |
Insurance |
|
Aug. 8, 2000 | |
D031786
|
Pacific Indemnity Co. v. Bellefonte Ins. Co.
When policies have competing 'excess only' and 'pro rate' clauses, loss is prorated between insurers. |
Insurance |
|
Aug. 4, 2000 | |
S080201
|
PLCM Group, Inc.
Under Civil Code Section 1717, in-house counsel may recover attorney fees. |
Insurance |
|
Aug. 4, 2000 | |
B126862
|
Montgomery Ward & Co. Inc. v. Imperial Casualty and Indemnity Co.
Self-insured retentions are not primary insurance and not subject to principle of horizontal exhaustion. |
Insurance |
|
Aug. 4, 2000 | |
S073678
|
Galanty v. Paul Revere Life Insurance Co.
Policy language required by the Insurance Code takes precedence over any nonrequired policy provision. |
Insurance |
|
Aug. 4, 2000 | |
S062139
|
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action. |
Insurance |
|
Aug. 4, 2000 | |
98-56645
|
The Vons Companies Inc. v. Federal Insurance Co.
Coverage for losses caused by employee dishonesty doesn't extend to vicarious liability for losses arising from employee's tortious conduct. |
Insurance |
|
Aug. 4, 2000 | |
D032972
|
Maryland Casualty Co. v. Nationwide Mutual Insurance Co.
Equitable contribution rather than equitable subrogation applies to equally liable insurer that did not contribute to defense. |
Insurance |
|
Aug. 4, 2000 | |
98-4120
|
Johnson v. Life Insurance Co.
Order |
Insurance |
|
Aug. 2, 2000 |