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Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.'
Insurance Mar. 12, 1999
Smith Kandal Real Estate v. Continental Casualty Co.
Insurer must defend broker who represented buyer and seller, where policy only excluded selling agent.
Insurance Mar. 12, 1999
Cigna Property and Casualty Insurance Co. v. Polaris Pictures Corp.
Failure to disclose material fact of principal's claim history warrants rescission of marine insurance policy.
Insurance Mar. 12, 1999
Quan v. Truck Insurance Exchange
Complaint alleging sexual attack involves non-accidental conduct that doesn't create potential for coverage.
Insurance Mar. 11, 1999
Peters v. Firemen's Insurance Co. of Newark, New Jersey
Boat insurance policy doesn't cover suit for alleged transmission of herpes while on yacht.
Insurance Mar. 11, 1999
Seagate Technology Inc. v. St. Paul Fire and Marine Insurance Co.
Placement of defective hard drive into buyer's computers isn't physical harm for coverage purposes.
Insurance Mar. 11, 1999
Mercury Insurance Group v. Superior Court (Wooster)
Trial court has authority to join insurer as defendant with regard to uninsured motorist coverage issues.
Insurance Mar. 11, 1999
Woodworker's Supply Inc. v. Principal Mutual Life Insurance Company
ERISA doesn't preempt an insured's pre-plan fraud claims against its insurer.
Insurance Mar. 11, 1999
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. 11, 1999
Jones v. The Kodak Medical Assistance Plan
A plan administrator's conflict of interest must be proven by insured before challenge to denial of benefits can be made.
Insurance Mar. 5, 1999
Goodson v. Perfect Fit Enterprises, Inc.
Uninsured vehicle driven by insured driver is in compliance with financial responsibility laws.
Insurance Mar. 2, 1999
New Hampshire Insurance Co. v. Ridout Roofing Company Inc.
Insurers given the discretion to settle claims are entitled to reimbursement of deductible.
Insurance Mar. 1, 1999
San Diego Housing Commission v. Industrial Company
Insurer not liable to city housing authority for construction defects absent third party claims against city.
Insurance Mar. 1, 1999
Honsickle v. Superior Court (Wysocki)
No 'attempt to purchase' exception to statute prohibiting recovery of non-economic damage by uninsured motorists.
Insurance Feb. 26, 1999
Acceptance Insurance Company v. Syufy Enterprises
Personal injury action by contractor's employee is covered by 'additional insured' endorsement of building owner's policy.
Insurance Feb. 26, 1999
Wausau Underwriters Insurance Company v. Unigard Security Insurance Company
Where there are multiple insurers, each insurer's duty to defend must be assessed independently.
Insurance Feb. 21, 1999
San Diego Housing Commission v. Industrial Indemnity Co.
Insurer not liable to city housing authority for construction defects absent third party claims against city.
Insurance Feb. 21, 1999
Nguyen v. 20th Century Insurance Co.
Demurrer based on statute of limitations must be overruled if complaint doesn't shows when period began to run.
Insurance Feb. 19, 1999
Foothill Village Homeowners Association v. Bishop
Lenders can't get proceeds from earthquake insurance if they didn't require such insurance for loans.
Insurance Feb. 19, 1999
TIG Insurance Company v. Lange
Insurance company's notice of termination to brokers isn't sufficient to justify application of promissory estoppel.
Insurance Feb. 18, 1999
New Hampshire Insurance Co. v. Ridout Roofing Co.
Insurers given the discretion to settle claims are entitled to reimbursement of deductible.
Insurance Feb. 18, 1999
Munzer v. Feola
Insurer has no duty to defend or indemnify insured where insured breaches the cooperation clause in policy.
Insurance Jan. 29, 1999
Burch v. Allstate Insurance Company
Order
Insurance Jan. 19, 1999
Lawrence v. State Farm Fire and Casualty Company
Order
Insurance Jan. 19, 1999
Bryan v. Office of Personnel Management
Court lacks jurisdiction to award money damages where government hasn't consented to monetary judgment.
Insurance Jan. 15, 1999
Enyart v. Transamerica Insurance Company
Insured entitled to sue for expectation damages where company fails to provide backup annuity policy as promised.
Insurance Jan. 6, 1999
McKelvy v. Liberty Mutual Insurance Company
Claim for bad faith breach of insurance contract must be redressed in context of provisions of worker's compensation statutes.
Insurance Dec. 24, 1998
Duyke v. Country Casualty Insurance Company
Passenger in uninsured automobile not entitled to PIP coverage under driver's policy.
Insurance Dec. 10, 1998
City of Hobbs v. Hartford Fire Insurance Company
Insurer acts in bad faith by placing its interests above the insured by not trying to negotiate settlement.
Insurance Dec. 9, 1998
Western Agricultural Insurance Co. v. Brown
Victims' survivors of insured's act of murder aren't entitled to recover under insured's policy.
Insurance Dec. 9, 1998