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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
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
Broughton v. Cigna Healthplans of California
Insurer can't compel arbitration of suit under California Consumers Legal Remedies Act.
Insurance Sep. 25, 2000
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
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy.
Insurance Sep. 25, 2000
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
Centra Inc. v. Chandler Insurance Co.
Order
Insurance Sep. 19, 2000
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
PLCM Group, Inc.
Under Civil Code Section 1717, in-house counsel may recover attorney fees.
Insurance Aug. 4, 2000
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
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
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
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
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
Johnson v. Life Insurance Co.
Order
Insurance Aug. 2, 2000