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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
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. 24, 2011
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co.
Losses incurred due to asbestos disturbance are subject to coverage denial under property insurance policy containing pollution exclusion.
Insurance Aug. 18, 2011
State Farm General Insurance Co. v. Frake
Insurer does not have duty to defend lawsuit arising from deliberate act of striking plaintiff, regardless of insured’s intent to injure.
Insurance Jul. 14, 2011
Ulta Salon, Cosmetics & Fragrance Inc. v. Travelers Property Casualty Co. of America
Insurer does not have duty to defend suit alleging Proposition 65 violations, which does not give rise to claim for bodily injury or property damage covered by policy.
Insurance Jul. 13, 2011
California Traditions Inc. v. Claremont Liability Insurance Co.
Policy exclusion for damage arising from work incorporated into condominiums applies to units with outward appearance of detached single family homes.
Insurance Jul. 12, 2011
Behnke v. State Farm General Insurance Co.
Summary judgment in favor of insurer on breach of contact claim is proper where insurer performed obligations and insured suffered no damages.
Insurance Jun. 29, 2011
Hughes v. Progressive Direct Insurance Co.
Insured may maintain claim under unfair competition law, alleging that insurer failed to inform insureds of right to select repair facility.
Insurance Jun. 15, 2011
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania
Summary adjudication is improper where record does not indicate whether primary insurers exhausted policy to trigger excess insurer’s liability.
Insurance Jun. 6, 2011
Salomaa v. Honda Long Term Disability Plan
ERISA plan abuses its discretion when denial of benefits was not reasonable given insured’s records proving he was disabled by chronic fatigue syndrome.
Insurance May 27, 2011
Doan v. State Farm General Insurance Co.
Insured is not required to submit dispute to appraisal before seeking judicial determination of issues that are not within ambit of appraisal.
Insurance May 25, 2011
Workmen’s Auto Insurance Co. v. Guy Carpenter & Co. Inc.
Although insurance brokers have fiduciary-like duties, reinsurance intermediary-broker cannot be sued for breach of fiduciary duty.
Insurance May 5, 2011
Fort Bragg Unified School District v. Solano County Roofing Inc.
Insurance Code Section 1063.1(c)(9)(B) bars claim for subrogation against insured of insolvent carrier seeking recovery against California Insurance Guarantee Association.
Insurance Apr. 28, 2011
American Modern Home Insurance Co. v. Fahmian
Court errs in determining that insurer is not entitled to reimbursement when it erroneously applied time constraints not required under prevailing case law.
Insurance Apr. 11, 2011
Clarendon America Insurance Co. v. General Security Indemnity Co. of Arizona
Construction defect action against insured is not covered under products-completed operations hazard provision where insured had not completed work on home.
Insurance Mar. 31, 2011
The Housing Group v. PMA Capital Insurance Co.
Court properly denies insurer’s motion to compel arbitration for attorney fee dispute where insurer failed to provide insured’s defense in underlying action.
Insurance Mar. 28, 2011
Hibbs v. Allstate Insurance Co.
Court errs in granting summary judgment in issue of bad faith because triable issue exists whether insured is prejudiced by insurance’s subrogation claim.
Insurance Mar. 25, 2011
Shanahan v. State Farm General Insurance Co.
Insurer does not have duty to defend third party’s action for sexual battery against insured where policies do not cover claims based on intentional acts.
Insurance Mar. 18, 2011
Minich v. Allstate Insurance Co.
Insurer is not required to pay amount exceeding policy limit until insured demonstrates that he was rebuilding his house, which was destroyed by fire.
Insurance Mar. 14, 2011
Allstate Insurance Co. v. Herron
Insurer’s failure to settle by claimant’s deadline is not breach of good faith where insurer informed claimant it would respond promptly following investigation.
Insurance Mar. 11, 2011
OneBeacon Insurance Co. v. Haas Industries Inc.
Subrogated insurer has standing to sue carrier for value of lost goods under Carmack Amendment where insured fell within bill of lading's definition of 'shipper.'
Insurance Mar. 10, 2011