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Health Net Inc v. RLI Insurance Co.
Dishonest acts exclusion does not preclude coverage for entirety of insured’s potentially covered claims against insurer, which sought reimbursement for costs in underlying lawsuits.
Insurance Jun. 12, 2012
Du v. Allstate Insurance Co.
Insurer's duty of good faith and fair dealing may be premised on insurer's failure to effectuate settlement where insured’s liability was reasonably clear.
Insurance Jun. 11, 2012
Harlick v. Blue Shield of California
Under Mental Health Parity Act, insurer is required to pay for medically necessary residential care treatment for severe mental illness subject to terms and conditions imposed on coverage.
Insurance Jun. 4, 2012
Ortega v. Topa Insurance Co.
Plaintiff fails to assert statutory violation because Insurance Code Section 758.2 does not prohibit two tiers of physical damage coverage by insurance providers.
Insurance May 24, 2012
Health Net Inc v. RLI Insurance Co.
Dishonest acts exclusion does not preclude coverage for entirety of insured’s potentially covered claims against insurer, which sought reimbursement for costs in underlying lawsuits.
Insurance May 23, 2012
Axis Surplus Insurance Co. v. Glencoe Insurance Ltd.
Insurer’s payment of self-insured retention fund in settlement of insured’s lawsuit is sufficient evidence of insurer’s potential coverage in subsequent claim for equitable contribution.
Insurance Apr. 11, 2012
DeWitt v. Monterey Insurance Co.
Trial court correctly refuses to instruct jury on elements of bad faith claim based on refusal to settle where plaintiff failed to establish insurer owed duty to defend.
Insurance Mar. 13, 2012
U.S. v. Lequire
Insurance agency treasurer cannot be guilty of embezzling where funds commingled were not held in trust, and agency merely had contractual obligations.
Insurance Mar. 5, 2012
Global Hawk Insurance Co. v. Century-National Insurance Co.
Insurer of interstate trucking company must reimburse sanitation company's insurer for uninsured motorist benefits it paid to its insured's employee.
Insurance Mar. 1, 2012
Pacific Rim Mechanical Contractors Inc. v. Aon Risk Insurance Services West Inc.
After procuring insurance policy for developer, insurance broker does not owe duty to apprise added subcontractor of insurance company's subsequent insolvency.
Insurance Feb. 28, 2012
M&F Fishing Inc. v. Sea-Pac Insurance Managers Inc.
Insureds may be entitled to return of commissions and broker fees received by insurers when placing marine insurance with nonadmitted carrier.
Insurance Jan. 31, 2012
American States Insurance Co. v. National Fire Insurance Co. of Hartford
Subrogation claim fails where insurer did not allege that it was not primarily liable for underlying claim and primarily sought contribution from co-obligor.
Insurance Jan. 9, 2012
George v. Automobile Club of Southern California
Court properly sustains demurrer after determining extrinsic evidence does not support interpretation to which contract is reasonably susceptible.
Insurance Dec. 13, 2011
Jones v. Golden Eagle Insurance Corp.
Insurer does not have duty to indemnify claims against bankrupt insured after plaintiffs failed to participate in insurer’s conservancy proceedings.
Insurance Nov. 29, 2011
Wallman v. Suddock
Insurer is entitled to summary judgment that no potential for indemnity exists where insurer's umbrella policy specifically did not cover subject property.
Insurance Nov. 21, 2011
Janopaul+Block Companies LLC v. Superior Court (St. Paul Fire and Marine Insurance Co.)
Issues concerning insurer's duty to defend and bad faith must be decided in trial court prior to arbitration of dispute over attorney fees.
Insurance Nov. 21, 2011
Barnett v. State Farm General Insurance Co.
Lawful seizure and destruction of marijuana plants pursuant to valid search warrant does not constitute ‘theft’ triggering insurance coverage under homeowner's policy.
Insurance Nov. 2, 2011
The Oglio Entertainment Group Inc. v. Hartford Casualty Insurance Co.
Insurer does not have duty to defend under 'advertising injury' provision where recording artist's lawsuit alleged that music label sold competing products.
Insurance Nov. 2, 2011
Clark v. California Insurance Guarantee Association
Third party judgment creditor may not enforce award of costs and interest in direct action against insurer under Insurance Code Section 11580.
Insurance Nov. 1, 2011
Palp Inc. v. Williamsburg National Insurance Co.
Mechanical device exclusion for claims resulting from movement of property by mechanical device does not apply where employee was not loading or unloading truck.
Insurance Oct. 31, 2011
State Compensation Insurance Fund v. WallDesign Inc.
Statute of limitations for action to recover unpaid premium under workers’ compensation insurance policies runs on date final bill is sent.
Insurance Oct. 21, 2011
Fossen v. Blue Cross and Blue Shield of Montana Inc.
ERISA preempts state Health Insurance Portability and Accountability Act claim challenging insurer’s premium increase, but not action under state unfair insurance practices statute.
Insurance Oct. 18, 2011
Western Heritage Insurance Co. v. Superior Court (Parks)
As intervener, insurer has right to assert all defenses that otherwise would be available to insured parties whether as to liability or damages.
Insurance Oct. 11, 2011
Dollinger DeAnza Associates v. Chicago Title Insurance Co.
Title insurer properly denies coverage for losses incurred when purchaser withdrew from agreement to buy parcel after learning of notice of merger.
Insurance Oct. 9, 2011
Fresh Express Inc. v. Beazley Syndicate 2623/623 at Lloyd’s
E. coli outbreak is not ‘insured event’ under policy where policy’s plain language restricted recoverable losses to those incurred as direct result of insured’s error.
Insurance Oct. 4, 2011
Feldman v. Illinois Union Insurance Co.
Insurer owes no duty to defend insured where amended complaint is deemed interrelated to original complaint and made before policy went into effect.
Insurance Sep. 7, 2011
Aurora S.A. v. Poizner
California Insurance Commissioner correctly declines to approve sale of insurance company because sale would not be in interest of policyholders.
Insurance Sep. 6, 2011
Martin v. PacifiCare of California
Health care service plan is not vicariously liable for acts or omissions of health care provider, which delivered care to plan's subscribers.
Insurance Sep. 2, 2011
Harlick v. Blue Shield of California
Under Mental Health Parity Act, insurer is required to pay for residential care that is medically necessary treatment for severe mental illness.
Insurance Aug. 29, 2011
Aroa Marketing Inc. v. Hartford Insurance Co. of the Midwest
Underlying claim for misappropriation of likeness, as derivative of intellectual property right, falls within scope of excluded coverage in insurance policy.
Insurance Aug. 26, 2011