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State of California v. Continental Insurance Co.
‘All-sums-with-stacking’ approach applies to State’s claim for indemnification against insurers where continuous property damage occurs during periods of several successive liability policies.
Insurance Sep. 21, 2012
Stephan v. Unum Life Insurance Co. of America
Life insurance company has conflict of interest by acting as both administrator and insurer of disability policy for man who became quadriplegic.
Insurance Sep. 13, 2012
Farmers New World Life Insurance Co. v. Rees
Insurance company gets attorney fees after successfully filing action in dispute over life insurance benefits for man, who was suspected of killing his wife.
Insurance Sep. 4, 2012
Fluor Corp. v Superior Court (Hartford Accident & Indemnity Co.)
Insurance company can require insureds to obtain its consent before assigning any interest under its policies based on California Supreme Court precedent.
Insurance Aug. 31, 2012
Entin v. Superior Court (Provident Life and Accident Insurance Co.)
Insured is entitled to jury trial where insurer's claim for declaratory relief raised questions regarding contractual rights under policy, which are legal in nature.
Insurance Aug. 21, 2012
Universal City Studios Credit Union v. Cumis Insurance Society Inc.
Credit union is not covered by insurance policy because it failed to follow security measures expressed in policy and transferred money to imposter.
Insurance Aug. 20, 2012
State of California v. Continental Insurance Co.
‘All-sums-with-stacking’ approach applies to State’s claim for indemnification against insurers where continuous property damage occurs during periods of several successive liability policies.
Insurance Aug. 10, 2012
Axis Surplus Insurance Co. v. Reinoso
Insured landlord is not covered by liability insurance as to tenants' claims because she was in position to know about habitability issues.
Insurance Aug. 6, 2012
Travelers Property Casualty Co. of America v. Charlotte Russe Holding Inc.
Summary judgment based on absence of duty to defend is improper where there was potential for coverage for product disparagement in underlying claim.
Insurance Jul. 16, 2012
Axis Surplus Insurance Co. v. Reinoso
Insured is not covered by liability insurance as to claims by tenants of apartment building that she co-owned when she was in position to know about habitability issues.
Insurance Jun. 27, 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 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