Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B124087
|
American Motorist Insurance Co. v. Superior Court (Montrose Chemical Corporation of California)
No jury trial right when initial determination of equitable claim makes legal claim moot. |
Insurance |
|
Apr. 1, 1999 | |
A081340
|
California Pacific Homes Inc. v. Scottsdale Insurance Company
'Qualified time on the risk' method of allocation between multiple insurance providers is proper in cases of progressive property damage. |
Insurance |
|
Mar. 31, 1999 | |
S063425
|
Foster-Gardner Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Administrative pollution cleanup order isn't a 'suit' and needn't be defended by general liability insurer. |
Insurance |
|
Mar. 30, 1999 | |
S063425
|
Foster-Gardner, Inc. v. National Union Fire Ins. Co.
Administrative pollution cleanup order isn't a 'suit' and needn't be defended by general liability insurer. |
Insurance |
|
Mar. 30, 1999 | |
A079345
|
Fireman's Fund Insurance Co. v. Maryland Casualty Co.
Equitable contribution between co-insurers on same risk is independent of action based on equitable subrogation. |
Insurance |
|
Mar. 30, 1999 | |
97-35429
|
Bast v. Prudential Insurance Co. of America
Employee Retirement Income Security Act pre-empts state law claims involving denial of health benefits. |
Insurance |
|
Mar. 30, 1999 | |
A081471
|
Vikco Insurance Services Inc. v. Ohio Indemnity Company
Statute requiring 120 days notice of termination doesn't apply when written contract contains clause to the contrary. |
Insurance |
|
Mar. 29, 1999 | |
B125217
|
Agricultural Insurance Co. v. Superior Court (MKDG/Rhodes SC Partnership)
Insurer can only sue insured for breach of covenant of good faith and fair dealing under contract law and not torts. |
Insurance |
|
Mar. 29, 1999 | |
98-0130
|
Bills v. Arizona Property and Casualty Insurance Guaranty Fund
The handling of covered claims by the Arizona Property & Casualty Insurance Guaranty Fund doesn't subject it to tort liability. |
Insurance |
|
Mar. 29, 1999 | |
A076894
|
Economic Empowerment Foundation v. Quackenbush (State Farm Fire and Casualty Co.)
Statute allowing early review of rate orders doesn't commence limitations period before orders are final. |
Insurance |
|
Mar. 29, 1999 | |
97-55216
|
Solomon v. North American Life and Casualty Insurance Co.
Insurer's termination letter naming wrong group insurance trust binds insured and trust if they receive actual notice. |
Insurance |
|
Mar. 29, 1999 | |
B114161
|
City of Los Angeles v. Amwest Surety Insurance Company
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default. |
Insurance |
|
Mar. 26, 1999 | |
C027317
|
Santangelo v. Allstate Insurance Company
New law requiring completion of uninsured motorist arbitrations within five years applies to pending demand. |
Insurance |
|
Mar. 26, 1999 | |
S061699
|
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.' |
Insurance |
|
Mar. 26, 1999 | |
B118920 and B118923
|
Old Republic Insurance Co. v. Superior Court (Nautilus Insurance Co.)
Insurers that never had coverage obligations don't owe contribution to co-insurer that made payments. |
Insurance |
|
Mar. 26, 1999 | |
97-0213
|
Farmers Insurance Company of Arizona v. Young
The "other vehicle" exclusion in an owner's insurance policy excludes coverage where vehicle isn't specifically identified. |
Insurance |
|
Mar. 24, 1999 | |
S055144
|
Quelimane Co. v. Stewart Title Guaranty Co.
Plaintiffs may sue title insurers under unfair competition statutes for alleged refusal to insure. |
Insurance |
|
Mar. 24, 1999 | |
S055144
|
Quelimane Company, Inc. v. Stewart Title Guaranty Co.
Plaintiff may sue title insurers under unfair competition statutes for alleged refusal to insure. |
Insurance |
|
Mar. 24, 1999 | |
97-35019
|
McHugh v. United Service Automobile Assn.
Insured under flood insurance policy may have reasonable expectation that incident was a covered 'mudslide.' |
Insurance |
|
Mar. 22, 1999 | |
96-0015
|
Dishman v. UNUM Life Insurance Co. of America
Disability insurer's decision to suspend payments is pretextual and made in bad faith. |
Insurance |
|
Mar. 22, 1999 | |
98-0212
|
Tobel v. Travelers Insurance Company
Employee's use of employer's truck for intended purpose is entitled to coverage under employer's policy. |
Insurance |
|
Mar. 19, 1999 | |
97-15595
|
Security Life Insurance Company of America v. Meyling
Insurer can't rescind health policy that includes incontestability clause and provision for premium recalculation. |
Insurance |
|
Mar. 19, 1999 | |
B115731
|
Fidelity & Deposit Co. of Maryland v. Charter Oak Fire Insurance Co.
Risk insured under liability policy is unambiguously limited to motel and restaurant in Arkansas. |
Insurance |
|
Mar. 19, 1999 | |
B114527
|
Countrywide Home Loans Inc. v. Tutungi
Lender of home loans is entitled to receive earthquake insurance proceeds as successor to prior owners. |
Insurance |
|
Mar. 18, 1999 | |
B118920
|
Old Republic Insurance Company v. The Superior Court of the State of California, etc. (Nautilus Insurance Company)
Insurers that never had coverage obligations don't owe contribution to co-insurer that made payments. |
Insurance |
|
Mar. 18, 1999 | |
B106304
|
The Downey Venture v. LMI Insurance Co.
Liability insurer must defend malicious prosecution action but isn't liable for any resulting judgment. |
Insurance |
|
Mar. 17, 1999 | |
97-35118
|
Fleming v. Monumental Life Insurance Co.
Letter stating amount of available life insurance under conversion option binds insurer to provide coverage. |
Insurance |
|
Mar. 17, 1999 | |
B113221
|
Nguyen v. 20th Century Insurance Co.
Demurrer based on statute of limitations must be overruled if complaint doesn't show when period began to run. |
Insurance |
|
Mar. 17, 1999 | |
B119221
|
Goodson v. Perfect Fit Enterprises Inc.
Uninsured vehicle driven by insured driver is in compliance with financial responsibility laws. |
Insurance |
|
Mar. 17, 1999 | |
98-0031
|
National Bank of Arizona v. St. Paul Fire and Marine Insurance
Lawsuit must name insured's directors and officers as defendants for company coverage under Directors and Officers Liability Policy. |
Insurance |
|
Mar. 16, 1999 |