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Drucker v. Greater Phoenix Transportation Co. Inc.
Motor Carrier Financial Responsibility laws require uninsured motorist coverage for drivers of passenger transport vehicles for hire.
Insurance Sep. 7, 1999
Ziman v. Fireman's Fund Insurance Co.
Liability policy's coverage for 'advertising injury' does not extend to hanging infringing painting in building lobby for broker's open house.
Insurance Sep. 7, 1999
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing.
Insurance Sep. 6, 1999
Afrasiabi v. State Farm Fire & Casualty Co.
Although nephew paid rent, he is still a relative under the homeowner's policy, and his claim was properly excluded.
Insurance Sep. 2, 1999
Philadelphia Indemnity Insurance Co. v. Barerra
Drunk driving exclusion in rental insurance isn't against public policy, and anti-drunk driving provision of rental contract isn't unconscionable or unreasonable.
Insurance Aug. 18, 1999
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company keeps attorney-client privilege intact if company doesn't rely on counsel's advice in creating insurance policy.
Insurance Aug. 18, 1999
Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh
Proceedings Commenced By Issuance of Determination and Order Do Not Constitute 'Suit.'
Insurance Aug. 10, 1999
Kearney v. Standard Insurance Co.
In ERISA disability benefits claim, district court needn't consider new evidence if it could have been provided earlier and record is sufficient to permit adequate de novo review.
Insurance Aug. 6, 1999
Meineke v. GAB Business Services Inc.
Independent adjusting firm hired by insurer doesnt owe separate duty to insured.
Insurance Aug. 5, 1999
Allstate Insurance v. Shelton
'Relative' in policy doesn't include child of cohabitant, not married to or relative of insured.
Insurance Aug. 4, 1999
Alpine Insurance Co. v. Planchon
Pickup truck with modified 'bed' containing hydraulic scissors-lift is 'mobile equipment' covered under company's insurance policy, not excluded auto.
Insurance Aug. 4, 1999
Paul Revere Life Insurance Co. v. Fima
Insured's overstatement of income in disability insurance application doesn't allow insurer to avoid incontestability clause.
Insurance Aug. 3, 1999
Meza v. Southern California Physicians Insurance Exchange
Use of homeopathic remedy as drug without approval isn't covered by insurer under malpractice policy exclusion.
Insurance Aug. 2, 1999
Amato v. Mercury Casualty Co.
Insurer is liable for default judgment resulting from tortious breach of duty to defend.
Insurance Jul. 29, 1999
State Farm Fire and Casualty Co. v. East Bay Municipal Utility District
Paying claim that could have been denied as excluded doesn't bar insurer from obtaining subrogation.
Insurance Jul. 28, 1999
Bornstein v. J.C. Penney Life Insurance Co.
Death following surgery creates factual issue if insurance policy is silent on definition of 'accident.'
Insurance Jul. 28, 1999
Fireman's Fund Insurance Companies v. Quackenbush
Insurance commissioner doesn't have right to review administrative judge's interim evidentiary rulings while hearing is pending.
Insurance Jul. 27, 1999
Continental Insurance Co. v. Metro-Goldwyn-Mayer Inc.
Additional notice of filed suit isn't required after giving notice of wrongful act with claim potential.
Insurance Jul. 27, 1999
Fireman's Fund Insurance Co. v. Quackenbush
Insurance commissioner doesn't have right to review administrative judge's interim evidentiary rulings while hearing is pending.
Insurance Jul. 27, 1999
Baker v. Truck Ins. Exchange
Negligent financial management of adoption agencies is not an 'occurrence' under insuring clause of comprehensive general liability policies.
Insurance Jul. 27, 1999
Amex Life Assurance Co. v. Superior Court (Slome Capital Corp.)
Incontestability clause bars challenge to life insurance policy issued to insured who was HIV-positive.
Insurance Jul. 26, 1999
Amex Life Assurance Co. v. Superior Court (Slome Capital Corp.)
Insurer cannot assert 'impostor defense' if named insured personally applied for the insurance.
Insurance Jul. 26, 1999
Farmers Insurance Exchange v. Zerin
No equitable lien attaches in insurer's favor to third-party recoveries paid to insureds' attorney.
Insurance Jul. 26, 1999
Escobedo v. Estate of Snider
Aircraft insurance policy doesn't remain effective for failure to inform Transportation Department after nonpayment of premium.
Insurance Jul. 25, 1999
Harco National Insurance Co. v. Bobac Trucking Inc.
Federally-mandated public liability endorsement in trucker's policy doesn't create duty to defend for uncovered vehicle.
Insurance Jul. 25, 1999
Transport Insurance Co. v. Insurance Co. of North America
When premises owner has 'fronting policy', vehicle policy is primary for loss from loading or unloading.
Insurance Jul. 25, 1999
Fireman's Fund Ins. Co. v. Alaskan Pride Partnership
Inability to find cause of vessel's sinking doesn't preclude finding of bad faith by insurer.
Insurance Jul. 19, 1999
Allstate Insurance Co. v. Johnston
Passenger injuries aren't covered under homeowner's insurance policy if a causal connection exists between injuries and vehicle.
Insurance Jul. 15, 1999
Taylor v. Travelers Indemnity Co.
Where claimant is named insured, Underinsured Motorist claim cannot be denied because she was already paid under liability portion of policy.
Insurance Jul. 15, 1999
Wilmington Liquid Bulk Terminals Inc. v. Somerset Marine Inc.
Personal injury coverage in general liability policy is inapplicable to breach of contract action.
Insurance Jul. 15, 1999