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Jewett v. Woodworth
Insurance company's obligation to defend is a property right subject to attachment.
Insurance Aug. 1, 2000
Birth Hope Adoption Agency v. Arizona Health Care Cost Containment System
Commerce Clause is violated when statute imposes reimbursement costs for state-subsidized care of babies adopted by out-of-state parents.
Insurance Jul. 19, 2000
Salerno v. Atlantic Mutual Insurance Co.
Vendor's endorsement coverage applies only to injures caused by insured property.
Insurance Jul. 13, 2000
Ringler Assoc. Inc. v. Maryland Casualty Co.
Defendant in defamation suit denied coverage when evidence demonstrates first publication occurred before policy's inception.
Insurance Jun. 30, 2000
Allen v. Sully-Miller Contracting Co.
Proposition 213, prohibiting uninsured drivers from recovering non-economic losses, does not protect private company from liability for creating dangerous road conditions.
Insurance Jun. 30, 2000
De La Cruz v. Quackenbush
Insurance commissioner cannot revoke insurance broker's license for refusing to permit warrantless search of records.
Insurance Jun. 30, 2000
Anguiano v. WMB Alllstate Insurance Co.
Insurer has duty to notify insured of settlement discussions with third party when liability is potentially in excess of policy limits.
Insurance Jun. 29, 2000
Old Republic Insurance Co. v. FSR Brokerage Inc.
Insured's bad faith claim against insurer for initiating litigation fails when insured doesn't contend that insurer acted unreasonably in attending to underlying claim.
Insurance Jun. 29, 2000
PLCM Group Inc. v. Drexler
Under Civil Code Section 1717, in-house counsel may recover attorney fees.
Insurance Jun. 29, 2000
Potvin v. Metropolitan Life Insurance Co.
Common law right to fair procedure requires that insurer's removal of physician from preferred provider list be substantially rational and procedurally fair.
Insurance Jun. 29, 2000
Haisch v. Allstate Insurance Co.
Insurer did not engage in fraudulent misrepresentation in marketing Med Pay coverage.
Insurance Jun. 21, 2000
Nelson v. ITT Hartford Fire Insurance Co.
Order
Insurance Jun. 21, 2000
McHugh v. Service Automobile Assoc.
Mudslide provision in standard flood insurance policy includes losses resulting from mudflow.
Insurance Jun. 18, 2000
Sosebee v. State Farm Mutual Automobile Insurance Co.
Doctrine of res judicata bars second suit for bad faith which was based on bad faith discovered during first suit.
Insurance Jun. 15, 2000
Reinkemeyer v. Safeco Insurance Co. of America
Homeowner's insurance policies are governed by state statute requiring Commissioner of Insurance's approval.
Insurance Jun. 15, 2000
Blackhawk-Central v. American Guarantee
Insurer has duty to defend insured when language in policy's pollution exclusion is ambiguous.
Insurance Jun. 15, 2000
National Fire Insurance Co. v. Yellow Cab of Oklahoma Inc.
Order
Insurance Jun. 15, 2000
Bonser v. Shainholtz
Evidence of commonality of insurance is admissible when there is substantial connection between witness and carrier.
Insurance Jun. 14, 2000
Industrial Indemnity Company v. Apple Computer, Inc.
Insurer's duty to defend doesn't include defending against English trademark infringement suit that's excluded from coverage.
Insurance Jun. 14, 2000
Peterman v. State Farm Mutual Automobile Ins. Co.
Insured can recover prejudgment interest in action against insurer for breach of contract.
Insurance Jun. 7, 2000
Owens v. The Continental Ins.
Order
Insurance Jun. 7, 2000
Webb v. National Union Fire Insurance Co. of Pittsburgh
Court isn't required to consider extrinsic evidence determining whether primary insurer must contribute to additional insurer who provided coverage for same loss.
Insurance Jun. 2, 2000
Simon v. Value Behavioral Health Inc.
Assignee of health care provider and patient benefit claims lacks standing to sue insurers on ERISA, RICO and antitrust claims.
Insurance Jun. 1, 2000
Truck Insurance Exchange v. Unigard Insurance Co.
Insurer is not entitled to indemnity when it fails to notify co-insurer of possibility of contribution.
Insurance Jun. 1, 2000
Mercury Insurance Co. v. Enterprise Rent-a-Car Co. of Los Angeles
Insurance company is not entitled to subrogation when insured has not exhausted coverage of primary insurer.
Insurance Jun. 1, 2000
Bengtson v. USAA Property and Casualty Insurance
Insurers liability offset by moneys paid on behalf of responsible driver.
Insurance May 17, 2000
Midiman v. Farmers Insurance Co.
In copyright infringement case, insured isn't entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate.
Insurance May 11, 2000
State of Wyoming v. Federated Service Insurance
Order
Insurance May 9, 2000
Truck Insurance Exchange v. Superior Court (Peck/Jones Construction Corp.)
General liability policy affords no coverage for contractor's negligent failure to meet contractual deadline.
Insurance May 8, 2000
Aloha Pacific Inc. v. California Insurance Guarantee Ass.
California Insurance Guarantee Association may contest whether claim is within coverage of insurance policy issued by insolvent insurer.
Insurance May 5, 2000