Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G041188
|
Chicago Title Insurance Co. v. AMZ Insurance Services Inc.
Court properly instructs jury that document constitutes insurance ‘binder’ as matter of law, obligating insurance company to provide coverage pending policy issuance. |
Insurance |
|
Sep. 13, 2010 | |
A121569
|
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period. |
Insurance |
|
Sep. 10, 2010 | |
B218417
|
Sprinkles v. Associated Indemnity Corp.
Insurer does not have duty to defend insured employee under commercial general liability policy for injury related to automobile accident. |
Insurance |
|
Sep. 2, 2010 | |
06-35672
|
Uhm v. Humana Inc.
Breach of contract claim based on health insurance provider’s failure to provide benefits is preempted by federal law. |
Insurance |
|
Aug. 31, 2010 | |
S161008
|
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Insured may not bypass rules governing rescission of release although it had signed release and waiver of all future claims against insurer. |
Insurance |
|
Aug. 31, 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 |
|
Aug. 31, 2010 | |
B213985
|
MRI Healthcare Center of Glendale Inc. v. State Farm General Insurance Co.
Insurer may deny claim by MRI scanning service provider for damage to machine after machine's failure to ramp up after demagnetization. |
Insurance |
|
Aug. 19, 2010 | |
A126217
|
Schwartz v. Poizner
Insurance Commissioner lacks ministerial duty to seek additional relief for purported class of insureds in aftermath of settlement with insurers. |
Insurance |
|
Aug. 16, 2010 | |
A121569
|
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period. |
Insurance |
|
Aug. 12, 2010 | |
F058139
|
Essex Insurance Co. v. Heck
Insurer waives any claim for equitable subrogation when it enters into settlement agreement without identifying its insured or apportioning payment. |
Insurance |
|
Jul. 30, 2010 | |
G042353
|
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 | |
08-55277
|
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 | |
B213948
|
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 | |
E048176
|
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 | |
H034211
|
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 | |
D054522
|
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 | |
C059423
|
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 | |
B213759
|
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 | |
S174016
|
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 | |
B215470
|
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 | |
B215713
|
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 | |
B215713
|
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 | |
B215668
|
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 | |
D054261
|
Durell v. Sharp Healthcare
Uninsured patient must show actual reliance on alleged misrepresentations to have standing under unfair competition law. |
Insurance |
|
Apr. 20, 2010 | |
D054637
|
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 | |
D055879
|
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 | |
08-35866
|
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 | |
08-56527
|
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 | |
A125133
|
Dominguez v. Financial Indemnity Co.
Automobile insurance policy that reduces liability limits for permissive users is conspicuous, plain and clear. |
Insurance |
|
Apr. 1, 2010 | |
D054866
|
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 |