| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-56132 and 96-56506
|
Quackenbush v. Allstate Insurance Co.
Federal arbitration on liquidator's claims and state court proceedings on setoff issue can proceed concurrently. |
Insurance |
|
Jun. 26, 1999 | |
|
A072273
|
Shapiro v. The Prudential Property and Casualty Co.
Trial court can grant new trial on damages based on plaintiff's motion to correct verdict. |
Insurance |
|
Jun. 25, 1999 | |
|
B107758
|
Harper v. Wausau Insurance Corp.
Third party is intended beneficiary of insurance policy and can sue insurer for medical expenses. |
Insurance |
|
Jun. 25, 1999 | |
|
B116450
|
Spray, Gould & Bowers v. Associated International Insurance Co.
Insurer's failure to notify claimant of time limits pertaining to claim, prevents assertion of contract limitations defense. |
Insurance |
|
Jun. 24, 1999 | |
|
B091546
|
Fireman's Fund Insurance Co. v. Wilshire Film Ventures Inc.
Insurer is entitled to equitable subrogation from third party which breached contract with insured. |
Insurance |
|
Jun. 24, 1999 | |
|
95-16605
|
State Farm Fire and Casualty Co. v. Otto
After settlement release under primary auto policy, insured has uninsured motorist claim under 'umbrella' policy. |
Insurance |
|
Jun. 24, 1999 | |
|
S061699
|
Aydin Corporation v. First State Insurance Co.
Jury instruction requiring insurer to prove nonexistence of policy's 'sudden and accidental' coverage is prejudicial error. |
Insurance |
|
Jun. 23, 1999 | |
|
S052844
|
Buss v. Superior Court (Transamerica Insurance Co.)
Insurer seeking defense costs reimbursement under standard commercial general liability policy has preponderance proof burden. |
Insurance |
|
Jun. 23, 1999 | |
|
B110170
|
Certain Underwriters at Lloyd's of London Designated as Lowsley-Williams and Companies v. Superior Court (Southern California Gas Co.)
Insurer's coverage dispute cannot be resolved without providing policy or secondary evidence of policy terms. |
Insurance |
|
Jun. 23, 1999 | |
|
A076244
|
KPFF Inc. v. California Union Insurance Co.
Pleadings do not constitute written notice to insurer of potential claims under policy's awareness clause. |
Insurance |
|
Jun. 23, 1999 | |
|
D020939
|
County of San Bernardino v. Pacific Indemnity Co.
Insurer must defend county in action for damages caused by landfill and pay all defense costs. |
Insurance |
|
Jun. 23, 1999 | |
|
94-56708
|
Bodell v. Walbrook Insurance Co.
Under California law, professional liability insurance policy covers mail fraud investigation by U.S. Postal Service. |
Insurance |
|
Jun. 22, 1999 | |
|
D022897
|
Eigner v. Worthington
Judgment against insured isn't due to insurer's surprise, mistake or excusable neglect in declining coverage. |
Insurance |
|
Jun. 21, 1999 | |
|
96-2706
|
Coregis Ins. Co., v. Camico Mutual Ins. Co.
Claim based on acts from prior claim is foreseeable in connection with professional liability policy. |
Insurance |
|
Jun. 21, 1999 | |
|
B106165
|
Rosen v. Nations Title Insurance Co.
Title insurer doesn't breach policy by not defending suit if title defect occurs after escrow closes. |
Insurance |
|
Jun. 20, 1999 | |
|
B089803
|
S. Kornreich & Sons Inc. v. Genesis Insurance Co.
Insurer can deny coverage for newly acquired property which is similar to original, covered property. |
Insurance |
|
Jun. 20, 1999 | |
|
96-7724
|
Fremont Indemnity Co. Inc. v. California National Physician's Insurance Co.
Earlier reported claim isn't covered under 'claims made' medical professional liability policy with reporting requirement. |
Insurance |
|
Jun. 18, 1999 | |
|
B099018
|
Zelda Inc. v. Northland Insurance Corp.
Insured cannot trigger duty to defend by speculating about extraneous 'facts' regarding potential liability. |
Insurance |
|
Jun. 18, 1999 | |
|
95-17291
|
National Steel Corp. v. Golden Eagle Insurance Co.
To avoid defending, insurer must show falsity of insured's alleged ignorance of facts showing claim's foreseeability. |
Insurance |
|
Jun. 18, 1999 | |
|
96-35248
|
St. Paul Fire & Marine Insurance Co. v. F.H.
Lack of pending state action and undue delay establishes district court's jurisdiction over declaratory action. |
Insurance |
|
Jun. 17, 1999 | |
|
A072015
|
Unisys Corp. v. California Life and Health Insurance Guarantee Association
Guaranteed investment contracts aren't covered under the California Life and Health Insurance Guarantee Association Act. |
Insurance |
|
Jun. 17, 1999 | |
|
S068409
|
Pelky v. Allstate Insurance Co.
Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer. |
Insurance |
|
Jun. 16, 1999 | |
|
B111189
|
City of Los Angeles v. Amwest Surety Insurance Co.
Surety's obligation to fund subdivision improvements continues unless map is revoked or land reverts to acreage. |
Insurance |
|
Jun. 16, 1999 | |
|
E020022
|
Singh v. Allstate Insurance Co.
One year period for policyholder to sue isn't equitably tolled during time insurer reconsiders claim. |
Insurance |
|
Jun. 16, 1999 | |
|
G019153
|
North Orange County Community College District v. CM School Supply Co.
Community college districts may press claims against California Insurance Guarantee Association. |
Insurance |
|
Jun. 16, 1999 | |
|
G020355
|
County of Orange v. FST Sand & Gravel Inc.
Local governments may press claims against California Insurance Guarantee Association. |
Insurance |
|
Jun. 16, 1999 | |
|
96-16815
|
City and County of San Francisco v. Underwriters at Lloyd's, London
Standard protection and indemnity coverage of maritime policy doesn't cover accident on third party's vessel. |
Insurance |
|
Jun. 16, 1999 | |
|
B111050
|
Providence Washington Insurance Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances and facts. |
Insurance |
|
Jun. 16, 1999 | |
|
B106208
|
American Casualty Co. of Reading, PA. v. O'Flaherty
Insurance carrier cannot bring malpractice action against attorney it did not retain to defend insured. |
Insurance |
|
Jun. 15, 1999 | |
|
B099340
|
Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA
Proceedings commenced by issuance of Determination and Order does constitute 'suit' in this case. |
Insurance |
|
Jun. 15, 1999 |
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