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Beacon Healthcare Services Inc. v. Leavitt
Provider Reimbursement Review Board errs in determining amount in controversy based on remedy, not pleadings, in denying jurisdiction over case.
Insurance Dec. 16, 2010
Advanced Network Inc. v. Peerless Insurance Co.
Conversion claim does not trigger insurer’s duty to defend where policy only covers ‘loss of use,’ which does not include permanent loss of property.
Insurance Dec. 13, 2010
Sameyah v. Los Angeles County Employees Retirement Association
Widow is not entitled to service-connected benefits because husband’s cancer was not caused by carcinogens he was exposed to at his job.
Insurance Nov. 21, 2010
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Quasi-judicial adjudicative proceeding is ‘suit’ triggering insurer’s duty to defend where agency proceedings require filing of complaint.
Insurance Nov. 18, 2010
Hudson Insurance Co. v. Colony Insurance Co.
Insurer has duty to defend where complaint against insured potentially stated claim for slogan infringement, which insurer’s policy covered.
Insurance Nov. 7, 2010
Levine v. Blue Shield of California
Insurer does not have duty to disclose information concerning how insured should structure health coverage so as to lower monthly premiums.
Insurance Nov. 7, 2010
Muniz v. Amec Construction Management Inc.
Termination of disability benefits is proper where insured fails to provide medical documentation supporting determination of total disability.
Insurance Oct. 27, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 24, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 20, 2010
Luna v. Astrue
Remand to agency is proper to determine questions between initial denial of disability insurance benefits and subsequent award based on two different applications.
Insurance Oct. 12, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 6, 2010
Arrowood Indemnity Co. v. Travelers Indemnity Co. of Connecticut
In action for equitable contribution, insurer who indemnified and defended insured bears burden of showing coverage under non-participating co-insurer’s policy.
Insurance Oct. 6, 2010
Silvers v. State Board of Equalization
Unlicensed surplus line insurers in California, are not subject to tax imposed for ‘doing business’ in state under California Constitution.
Insurance Sep. 30, 2010
HCM Healthcare Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association cannot cover claim of policyholder whose insurer became insolvent if claim is not ‘covered claim’ under Insurance Code Section 1063.1.
Insurance Sep. 28, 2010
Berry v. Astrue
Considerations regarding disability insurance claimant’s ability to pass mandatory drug test to obtain past relevant work must be evaluated in determining disability status.
Insurance Sep. 23, 2010
Phoenix Memorial Hospital v. Sebelius
Medicaid reimbursement calculation excludes patients who are ineligible for Medicaid even if they qualify for medical assistance under state program.
Insurance Sep. 22, 2010
Colony Insurance Co. v. Crusader Insurance Co.
Insurer may deny coverage after discovery of material misrepresentation made in policy application, despite failure to follow its own internal guidelines.
Insurance Sep. 21, 2010
Lee v. Fidelity National Title Insurance Co.
Title insurer may not avoid liability based on ambiguous legal description of property in policy where ambiguity is resolved in favor of insured.
Insurance Sep. 17, 2010
California Hospital Association v. Maxwell-Jolly
Dept. of Health Care Services must study contemplated rate changes or rely on studies before changing Medi-Cal reimbursement rates for nursing facilities.
Insurance Sep. 17, 2010
Mallard v. Progressive Choice Insurance Co.
Use of subpoenas to conduct discovery in contractual arbitration of uninsured motorist claim is act arising from protected activity for anti-SLAPP purposes.
Insurance Sep. 16, 2010
Chicago Title Insurance Co. v. AMZ Insurance Services Inc.
Court properly instructs jury that document constitutes insurance ‘binder’ as matter of law, obligating insurance company to provide coverage pending policy issuance.
Insurance Sep. 13, 2010
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period.
Insurance Sep. 10, 2010
Sprinkles v. Associated Indemnity Corp.
Insurer does not have duty to defend insured employee under commercial general liability policy for injury related to automobile accident.
Insurance Sep. 2, 2010
Uhm v. Humana Inc.
Breach of contract claim based on health insurance provider’s failure to provide benefits is preempted by federal law.
Insurance Aug. 31, 2010
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Insured may not bypass rules governing rescission of release although it had signed release and waiver of all future claims against insurer.
Insurance Aug. 31, 2010
HCM Healthcare Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association cannot cover claim of policyholder whose insurer became insolvent if claim is not ‘covered claim’ under Insurance Code Section 1063.1.
Insurance Aug. 31, 2010
MRI Healthcare Center of Glendale Inc. v. State Farm General Insurance Co.
Insurer may deny claim by MRI scanning service provider for damage to machine after machine's failure to ramp up after demagnetization.
Insurance Aug. 19, 2010
Schwartz v. Poizner
Insurance Commissioner lacks ministerial duty to seek additional relief for purported class of insureds in aftermath of settlement with insurers.
Insurance Aug. 16, 2010
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period.
Insurance Aug. 12, 2010
Essex Insurance Co. v. Heck
Insurer waives any claim for equitable subrogation when it enters into settlement agreement without identifying its insured or apportioning payment.
Insurance Jul. 30, 2010