| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-35379
|
Interstate Fire & Casualty Co. v. Underwriters At Lloyd's London
Primary insurer cannot adopt inconsistent position in subsequent litigation with an excess insurer. |
Insurance |
|
Jun. 7, 1999 | |
|
G016416
|
Dynamic Concepts Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations. |
Insurance |
|
Jun. 7, 1999 | |
|
96-17057
|
C.N.R. Atkin v. Smith
Vessel owner's misrepresentation of crewmember's criminal history to insurer allows rescission of policy. |
Insurance |
|
Jun. 7, 1999 | |
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Erroneous jury instructions requires redetermination of whether site investigation costs are reimbursable defense costs. |
Insurance |
|
Jun. 7, 1999 | |
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Site investigation expenses can constitute defense costs insurer must incur in fulfilling duty to defend. |
Insurance |
|
Jun. 7, 1999 | |
|
D026069
|
Feurzeig v. Insurance Co. of the West
Undefined policy term, 'lessor's risk only,' doesn't allow insurer to deny duty to defend slander action. |
Insurance |
|
Jun. 6, 1999 | |
|
H014397
|
Redmond v. Secure Horizons
Court lacks jurisdiction over claim arising under Medicare Act where plaintiff hasn't exhausted administrative remedies. |
Insurance |
|
Jun. 6, 1999 | |
|
B096605
|
United Pacific Insurance Co. v. First State Insurance Co. (Rohr Industries Inc.)
Court lacks power to authorize good faith settlement which bars all other claims, present and future. |
Insurance |
|
Jun. 6, 1999 | |
|
B111013
|
Diediker v. Peelle Financial Corp.
Under federal statute, trustee isn't required to notify IRS, which had lien, of foreclosure sale. |
Insurance |
|
Jun. 6, 1999 | |
|
B114035
|
Truck Insurance Exchange v. The Superior Court of Los Angeles County
Insurer has sufficient direct interest in other insurers' action to justify intervention. |
Insurance |
|
Jun. 6, 1999 | |
|
96-35813 and 96-36020
|
Ace v. Aetna Life Insurance Co.
Under Alaska law, health insurer's bad faith actions in denying disability claim warranted punitive damages. |
Insurance |
|
Jun. 6, 1999 | |
|
96-56818
|
Avemco Insurance Co. v. Davenport
Change in design of aircraft fuel system bars coverage under aircraft liability policy. |
Insurance |
|
Jun. 6, 1999 | |
|
B106201
|
Pieper v. Commercial Underwriters Insurance Co.
Fire damage isn't covered under brush fire policy exclusion despite fact fire was caused by arson. |
Insurance |
|
Jun. 4, 1999 | |
|
98-0764
|
Stanton v. Paul Revere Life Insurance Co.
Employer's common law claims against insurance company are not pre-empted under the Employee Retirement Income Security Act. |
Insurance |
|
Jun. 4, 1999 | |
|
B115527
|
Charles E. Thomas Co. v. Transamerica Insurance Group
Insurance company has duty to defend policyholder when any issue falls potentially within policy coverage. |
Insurance |
|
Jun. 4, 1999 | |
|
96-36067
|
Allmerica Financial Life Insurance and Annuity Co. v. SMA Life Assurance Co.
Revocation of professional license precludes coverage under disability insurance policy for resulting 'depression.' |
Insurance |
|
Jun. 3, 1999 | |
|
B106505
|
Seretti v. Superior National Insurance Co.
Shareholders in closed corporation lack standing to pursue insurance bad faith claim against corporation's insurer where policy expressly excludes them from coverage. |
Insurance |
|
Jun. 3, 1999 | |
|
S056618
|
PPG Industries Inc. v. Transamerica Insurance Co.
Insurer isn't responsible for punitive damages award when insured's conduct is proximate cause, despite finding that award issued due to insurer's failure to settle. |
Insurance |
|
Jun. 3, 1999 | |
|
G015342 and G016109
|
Campbell v. Cal-Gard Surety Services Inc.
Striking punitive damages award is error where jury could have found oppression and malice. |
Insurance |
|
Jun. 1, 1999 | |
|
G016416
|
Dynamic Concepts, Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations. |
Insurance |
|
Jun. 1, 1999 | |
|
S066366
|
Providence Washington Ins. Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances as facts. |
Insurance |
|
May 27, 1999 | |
|
A078530
|
Quackenbush v. Superior Court of San Francisco County (Congress of California Seniors)
Injunction against expenditure of state funds to implement Proposition 213, restricting damage recovery, is invalid. |
Insurance |
|
May 27, 1999 | |
|
B101733
|
Maxwell v. Fire Insurance Exchange
Emotional distress damages cannot be recovered in third-party bad faith claim without economic loss. |
Insurance |
|
May 27, 1999 | |
|
D023663
|
Karl v. Commonwealth Land Title Insurance Co.
Title insurance policy loss is determined by fair market value of property at time of foreclosure. |
Insurance |
|
May 26, 1999 | |
|
A078353
|
John Hancock Mutual Life Insurance Co. v. Greer
Disability policy's incontestability clause bars insurer's recission action based on alleged misrepresentations by insured. |
Insurance |
|
May 26, 1999 | |
|
E016260
|
Pelkey v. Allstate Insurance Company
Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer. |
Insurance |
|
May 25, 1999 | |
|
B111013
|
Diediker v. Peelle Financial Corporation
Under federal statute, trustee isn't required to notify IRS, which had lien, of foreclosure sale. |
Insurance |
|
May 25, 1999 | |
|
B109505
|
Quackenbush v. Mission Insurance Co.
Permitting submission of estimated claims doesn't force estimated payment of incurred liability. |
Insurance |
|
May 25, 1999 | |
|
B107786
|
Cheeks v. California Fair Plan Association
'Actual cash value' as used in policy means 'fair market value,' not replacement cost minus depreciation. |
Insurance |
|
May 21, 1999 | |
|
G016540
|
Barbara B. v. Horace Mann Insurance Co.
Insurer isn't obligated to indemnify insured for judgment of more than $500,000 arising from civil action. |
Insurance |
|
May 21, 1999 |
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