This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
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 Mar. 8, 2011
Kirkwood v. California State Automobile Association Inter-Insurance Bureau
Dispute over method for determining actual cash value of lost or injured property under fire insurance policy is not subject to mandatory appraisal.
Insurance Mar. 1, 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 Feb. 25, 2011
Century-National Insurance Co. v. Garcia
Insurer's fire insurance policy impermissibly denies coverage to innocent insureds when coinsured intentionally set fire to their home.
Insurance Feb. 18, 2011
Trishan Air Inc. v. Federal Insurance Co.
Insured’s complete failure to comply with pilot warranty requirement precludes any recovery for jet’s accident under aviation insurance policy.
Insurance Feb. 17, 2011
Blue Shield of California Life & Health Insurance Co. v. Superior Court (Kawakita)
Insured has three years to sue insurer for tortious breach of duty of good faith and fair dealing where policy provision was more favorable than Insurance Code.
Insurance Feb. 10, 2011
Dobbas v. Vitas
Insurer may not intervene in breach of contract action brought by insured against different insurer, where equitable subrogation is not shown.
Insurance Feb. 3, 2011
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 Jan. 21, 2011
Dobbas v. Vitas
Insurer may not intervene in breach of contract action brought by insured against different insurer, where equitable subrogation is not shown.
Insurance Jan. 10, 2011
Fier v. Unum Life Insurance Co. of America
Claimant is not entitled to benefits under Accidental Death and Dismemberment Policy maintained under ERISA where he did not suffer physical detachment of limbs.
Insurance Jan. 4, 2011
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