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Golden Security Thrift & Loan Association v. First American Title Insurance Co.
Title insurance contract warrants the accuracy of property dimensions, not the actual area.
Insurance Jul. 15, 1999
Orange County Water District v. Association of California Water Agencies Joint Powers Insurance Authority
Public entity self-insurance pool isn't 'insurance' requiring exhaustion before excess insurance policy applies.
Insurance Jul. 14, 1999
Truck Insurance Exchange v. Bennett
Personal injury liability clause doesn't provide coverage for action for disparagement or slander of title.
Insurance Jul. 13, 1999
Andrade v. Jennings
Verdict for excess insurer based on defense of collusion between injured party and employer is proper.
Insurance Jul. 10, 1999
Crusader Insurance Co. v. Scottsdale Insurance Co.
Statute requiring brokers place risks with admitted insurers, doesn't create private right of action to sue.
Insurance Jul. 9, 1999
Hitchcock v. Mercury Insurance Co.
Coverage exclusion for insured's injury claims also excludes coverage for claims by vehicle's registered owner.
Insurance Jul. 9, 1999
Minnesota Mutual Life Insurance Co. v. Ensley
Proceeds from term life insurance are either community or separate property depending on who paid the premium during final term.
Insurance Jul. 7, 1999
Stanford University Hospital v. Federal Insurance Co.
Losses to payroll tax company's clients caused by misappropriation of funds aren't covered by insurance policy with exclusion for losses caused by authorized representative.
Insurance Jul. 7, 1999
Smeaton v. Fidelity National Title
Limitations period for claims founded upon a title insurance policy commences when policy is issued.
Insurance Jul. 7, 1999
Reliance National Indemnity Co. v. General Star Indemnity Co.
Indemnification agreement between insured and third party doesn't supersede general coverage rule in dispute between primary and excess insurance carriers.
Insurance Jul. 7, 1999
Hendrickson v. Zurich American Insurance Co. of Illinois
Third party action for loss of use of fields resulting from delivery of defective crops, constitutes 'property damage' for purposes of indemnification by insurer.
Insurance Jul. 7, 1999
Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District
No cause of action can be maintained for contribution and indemnity between two insurers who both provided coverage for same incident.
Insurance Jul. 7, 1999
Mitroff v. United Services Automobile Assoc.
Policys household exclusion precludes coverage for bodily injury to spouse of insured when spouse resides in same household.
Insurance Jul. 7, 1999
HS Services Inc. v. Nationwide Mutual Insurance Co.
Policy's employment-related exclusion regarding defamation doesn't include insured's statement about former employee's competition.
Insurance Jul. 7, 1999
Security Life Insurance v. Meyling
California Insurance Code provisions permitting recission of insurance contracts isn't pre-empted due to savings clause.
Insurance Jul. 7, 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 Jul. 7, 1999
Empire Fire and Marine Insurance Co. v. Bell
Insurance company has duty to defend or indemnify ambulance driver despite driver exclusion endorsement.
Insurance Jul. 6, 1999
General Accident Insurance Co. of America v. Superior Court (Western MacArthur Co.)
Successor corporation isn't entitled by operation of law to predecessor's insurance coverage.
Insurance Jul. 6, 1999
Williams v. Life Insurance Co. of America
No summary judgment for insurance company given issues of claimant's disability proof and benefits denial notice.
Insurance Jun. 29, 1999
Budget Rent-A-Car v. Decoite
Even absent pending state action, court must consider its discretion to determine insurer's duty to defend.
Insurance Jun. 29, 1999
Singer v. State Farm Mutual Automobile Insurance Co.
Insurer is liable for not paying policy owner when uninsured motorist's liability is clear.
Insurance Jun. 29, 1999
Lakeside Non-Ferrous Metals Inc. v. Hanover Insurance Co.
Insurance policies excluding property damage by pollution preclude contamination claims framed as trespass and nuisance actions.
Insurance Jun. 29, 1999
Imcera Group, Inc. v. Liberty Mutual Insurance Co.
Potential for coverage requires insurers to pay for insured's defense costs related only to insured damage.
Insurance Jun. 29, 1999
Sanchez v. Lindsey Morden Claims Services Inc.
Independent insurance claims adjuster has no duty to insured with whom it has no contract.
Insurance Jun. 28, 1999
State Farm Fire and Casualty Company v. The Superior Court of Los Angeles County (Taylor)
Insurance company's wrongful tacticswarrant application of crime/fraud exception permitting disclosure of privileged information.
Insurance Jun. 26, 1999
Blackhawk Corp. v. Gotham Insurance Co.
Subsidence exclusions apply to preclude coverage of defective lot claims by homeowners against developer.
Insurance Jun. 26, 1999
Clayton v. United Services Automobile Assoc.
Emotional distress need not arise from financial hardship traceable to nonpayment of insured's claim.
Insurance Jun. 26, 1999
First State Insurance Co. v. Callan Associates Inc.
Under diversity statute, insurer has right to pursue rescission claim against insured in federal court.
Insurance Jun. 26, 1999
Continental Insurance Co. v. Lexington Insurance Co.
Umbrella policy is not subject to proration with a primary policy converted to excess policy.
Insurance Jun. 26, 1999
State Farm Fire and Casualty Co. v. Superior Court (Taylor)
Insurance company's wrongful tactics warrant application of crime/fraud exception permitting disclosure of privileged information.
Insurance Jun. 26, 1999