Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-55426
|
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 | |
A128131
|
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 | |
B215812
|
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 | |
S179252
|
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 | |
09-55317
|
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 | |
B225632
|
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 | |
C061494
|
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 | |
S153852
|
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 | |
C061494
|
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 | |
09-17520
|
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 | |
09-56246
|
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 | |
D055632
|
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 | |
B222290
|
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 | |
S153852
|
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 | |
09-55275
|
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 | |
D056578
|
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 | |
09-55689
|
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 | |
B220469
|
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 | |
B220469
|
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 | |
08-16852
|
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 | |
B220469
|
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 | |
B219491
|
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 | |
B221229
|
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 | |
B213373
|
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 | |
09-35421
|
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 | |
09-15506
|
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 | |
B215274
|
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 | |
A124730
|
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 | |
A124098
|
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 | |
G042527
|
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 |