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Clarendon America Insurance Co. v. StarNet Insurance Co.
Provision to defend against any suit in commercial general liability insurance policy includes duty to defend insured in Calderon Act proceedings.
Insurance Jul. 28, 2010
Mitchell v. CB Richard Ellis Long Term Disability Plan
Insurer’s policy does not exclude coverage where date of disability onset occurred before plan’s effective date.
Insurance Jul. 27, 2010
L.A. Checker Cab Cooperative Inc. v. First Specialty Insurance Co.
‘Bodily Injury’ provision of insurance policy does not cover taxi company for employee driver’s assault and battery.
Insurance Jul. 14, 2010
Clarendon America Insurance Co. v. North American Capacity Insurance Co.
Insurer fails to prove no duty to defend exists where insured may have had reasonable expectation that self-insured retention applied to entire action.
Insurance Jul. 8, 2010
S.B.C.C. Inc. v. St. Paul Fire & Marine Insurance Co.
Allegations of complaint against insured construction company does not trigger insurer’s duty to defend under policy’s advertising and personal injury liability provisions.
Insurance Jul. 2, 2010
Pennsylvania General Insurance Co. v. American Safety Indemnity Co.
Summary judgment is erroneously granted to insurer where facts are disputed on when damages sought in construction defect litigation first commenced.
Insurance Jun. 30, 2010
Blankenship v. Allstate Insurance Co.
Insured’s minority does not excuse requirement to file suit, demand arbitration, or settle within two-year limitations period before suing uninsured motorist insurer.
Insurance Jun. 30, 2010
Yoo v. Shewry
After Dept. withholds Medi-Cal payments on suspicion of wrongdoing, it is not required to pay interest when payments are disbursed to provider.
Insurance Jun. 30, 2010
Minkler v. Safeco Insurance Co. of America
Mother of accused child molester is not precluded from insurance coverage that excluded coverage for son’s intentional acts.
Insurance Jun. 18, 2010
Hervey v. Mercury Casualty Co.
Insurer does not breach policy when it offset uninsured motorist payments for injuries with amount insurer paid insured under medical expense coverage.
Insurance Jun. 18, 2010
Legacy Vulcan Corp. v. Superior Court (Transport Insurance Co.)
Insurer’s umbrella coverage is considered primary coverage, thereby creating duty for insurer to defend against insured’s lawsuit.
Insurance Jun. 15, 2010
Legacy Vulcan Corp. v. Superior Court (Transport Insurance Co.)
Insurer’s umbrella coverage is considered primary coverage, thereby creating duty for insurer to defend against insured’s lawsuit.
Insurance May 3, 2010
Carolina Casualty Insurance Co. v. L.M. Ross Law Group LLP
Insurance policy term excluding coverage for claim in connection with business enterprise controlled by insured validly precludes claim.
Insurance Apr. 30, 2010
Durell v. Sharp Healthcare
Uninsured patient must show actual reliance on alleged misrepresentations to have standing under unfair competition law.
Insurance Apr. 20, 2010
Hale v. Sharp Healthcare
Uninsured patient sufficiently alleges that hospital unfairly charged fees that exceeded fees accepted from patients covered by Medicare or private insurance.
Insurance Apr. 20, 2010
United Enterprises Inc. v. Superior Court (Royal Indemnity Co.)
Court cannot deny insurer’s stay request where doing so would force insurer to present evidence that establishes its liability in underlying actions.
Insurance Apr. 12, 2010
Wise v. Verizon Communications Inc.
Federal cause of action for benefits recovery claim against former employer is properly filed within applicable state six-year statute of limitations.
Insurance Apr. 9, 2010
Hyundai Motor America v. National Union Fire Insurance Co. of Pittsburgh
Insurer has duty to defend insured against third-party patent infringement claims alleging that insured's web-based advertisement violated patents.
Insurance Apr. 6, 2010
Dominguez v. Financial Indemnity Co.
Automobile insurance policy that reduces liability limits for permissive users is conspicuous, plain and clear.
Insurance Apr. 1, 2010
Risely v. Interinsurance Exchange of the Automobile Club
Defense provided under one policy does not insulate insurer from liability for alleged breach of duty to defend under second policy.
Insurance Mar. 29, 2010
Nazaretyan v. California Physicians' Service
Rescission of health care service plan is improper where plan did not complete medical underwriting and misrepresentations were not willful.
Insurance Mar. 24, 2010
Intergulf Development v. Superior Court (Interstate Fire & Casualty Co.)
Insurer is not entitled to arbitrate fee dispute where determination of whether insurer had duty to defend had not yet been made.
Insurance Mar. 24, 2010
Gray v. Begley
Insurer providing defense under reservation of rights still has direct and immediate interest in action, and therefore may intervene in litigation.
Insurance Mar. 23, 2010
Amerigraphics Inc. v. Mercury Casualty Co.
Award of punitive damages against insurer for bad faith, which is 10 times amount of compensatory damages, is constitutionally excessive.
Insurance Mar. 23, 2010
Abdelhamid v. Fire Insurance Exchange
Insured that materially breached insurance contract by failing to submit proper proof of loss and answer questions cannot establish that insurer breached contract.
Insurance Mar. 10, 2010
Scottsdale Insurance Co. v. Century Surety Co.
Insurer is entitled to 'equal shares' contribution, rather than half of defense payments, from other insurer that did not defend common insureds.
Insurance Mar. 10, 2010
Superior Dispatch Inc. v. Insurance Corp. of New York
Insurer is equitably estopped from asserting contractual limitations period where it failed to notify insured of limitations provision.
Insurance Feb. 23, 2010
Interstate Fire and Casualty Insurance Co. v. Cleveland Wrecking Co.
Subrogation claims for contractual indemnity are not precluded by good faith settlements where insurer is not equitably superior to defendant at fault.
Insurance Feb. 22, 2010
Forecast Homes Inc. v. Steadfast Insurance Co.
Insurance company has no duty to indemnify additional insured where policies’ self-insured retention provisions could only be triggered by named insureds.
Insurance Feb. 16, 2010
American International Underwriters Insurance Co. v. American Guarantee and Liability Insurance Co.
Insurer does not have to pay indemnity when its policy member hires independent contractors who caused personal injury.
Insurance Jan. 29, 2010