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Nazaretyan v. California Physicians' Service
Rescission of health care service plan is improper where plan did not complete medical underwriting and misrepresentations were not willful. 		Insurance Mar. 24, 2010
Intergulf Development v. Superior Court (Interstate Fire & Casualty Co.)
Insurer is not entitled to arbitrate fee dispute where determination of whether insurer had duty to defend had not yet been made. 		Insurance Mar. 24, 2010
Gray v. Begley
Insurer providing defense under reservation of rights still has direct and immediate interest in action, and therefore may intervene in litigation. 		Insurance Mar. 23, 2010
Amerigraphics Inc. v. Mercury Casualty Co.
Award of punitive damages against insurer for bad faith, which is 10 times amount of compensatory damages, is constitutionally excessive. 		Insurance Mar. 23, 2010
Abdelhamid v. Fire Insurance Exchange
Insured that materially breached insurance contract by failing to submit proper proof of loss and answer questions cannot establish that insurer breached contract. 		Insurance Mar. 10, 2010
Scottsdale Insurance Co. v. Century Surety Co.
Insurer is entitled to 'equal shares' contribution, rather than half of defense payments, from other insurer that did not defend common insureds. 		Insurance Mar. 10, 2010
Superior Dispatch Inc. v. Insurance Corp. of New York
Insurer is equitably estopped from asserting contractual limitations period where it failed to notify insured of limitations provision. 		Insurance Feb. 23, 2010
Interstate Fire and Casualty Insurance Co. v. Cleveland Wrecking Co.
Subrogation claims for contractual indemnity are not precluded by good faith settlements where insurer is not equitably superior to defendant at fault. 		Insurance Feb. 22, 2010
Forecast Homes Inc. v. Steadfast Insurance Co.
Insurance company has no duty to indemnify additional insured where policies’ self-insured retention provisions could only be triggered by named insureds. 		Insurance Feb. 16, 2010
American International Underwriters Insurance Co. v. American Guarantee and Liability Insurance Co.
Insurer does not have to pay indemnity when its policy member hires independent contractors who caused personal injury. 		Insurance Jan. 29, 2010
Fire Insurance Exchange v. Superior Court (Bourguignon)
Insurer need not defend suit where insured’s good faith construction intentionally encroached on neighbor’s property. 		Insurance Jan. 28, 2010
Superior Dispatch Inc. v. Insurance Corp. of New York
Insurer is equitably estopped from asserting contractual limitations period where it failed to notify insured of limitations provision. 		Insurance Jan. 25, 2010
Total Call International Inc. v. Peerless Insurance Co.
Insurance company has no duty to defend insured where policy's nonconformity clause precluded coverage for misleading advertisement claims. 		Insurance Jan. 22, 2010
Nieto v. Blue Shield of California Life & Health Insurance Co.
Health insurance provider properly rescinds insurance contract of applicant who had materially misrepresented her medical history. 		Insurance Jan. 20, 2010
Baker v. National Interstate Insurance Co.
Insured’s negligent inspection of previously sold bus is considered work-related ‘completed operation’ that is excluded from insurance coverage. 		Insurance Jan. 13, 2010
Association of California Insurance Companies v. Poizner
Insurance Code amendments are valid where they allow compensation for consumer interest interveners’ participation in rate-setting process without formal rate hearing. 		Insurance Jan. 4, 2010
Mahnke v. Superior Court (California Fair Plan Association)
Party-selected appraiser who does not fall under scope of California Arbitration Act is neutral despite performing services for clients associated with party. 		Insurance Dec. 22, 2009
City of Carlsbad v. Insurance Co. of the State of Pennsylvania
Insurer properly denies city's request for indemnification where policy barred coverage for 'property damage arising out of land subsidence for any reason.' 		Insurance Dec. 21, 2009
American States Insurance Co. v. Progressive Casualty Insurance Co.
Insurers must defend vicariously liable entity where entity hired named insureds to do work that was likely to create peculiar risk of harm. 		Insurance Dec. 16, 2009
Kim Seng Co. v. Great American Insurance Co. of New York
Insurer must only defend insured against infringement claim regarding material misappropriated before coverage if later use is substantially distinct from prior use. 		Insurance Dec. 9, 2009
Lopez v. Daimler Chrysler Corp.
Trial court properly places burden on California Dept. of Health Care Services to establish portion of settlement allocated to medical expenses. 		Insurance Dec. 8, 2009
Yarick v. PacifiCare of California
Private plan providers are not subject to state negligence standards because federal legislation preempts state law governing administration of Medicare Advantage plans. 		Insurance Dec. 1, 2009
Howell v. Hamilton Meats & Provisions Inc.
Plaintiff with health care insurance may recover damages for amount of medical expenses that health care providers billed, but insurer did not pay. 		Insurance Nov. 23, 2009
Kim Seng Co. v. Great American Insurance Co. of New York
Insurer must only defend insured against infringement claim regarding material misappropriated before coverage if later use is substantially distinct from prior use. 		Insurance Nov. 15, 2009
Zhang v. Superior Court (California Capital Insurance Co.)
Insured may maintain private cause of action under Unfair Competition Law where insurer’s fraudulent conduct could also violate Unfair Insurance Practices Act. 		Insurance Oct. 29, 2009
Westchester Fire Insurance Co. v. Mendez
Injured third party should not be precluded from defending against insurer's action where default was entered against insured policyholder. 		Insurance Oct. 28, 2009
Standard Insurance Co. v. Morrison
ERISA does not preempt state law that substantially affects risk pooling arrangement by limiting scope of available insurance bargains. 		Insurance Oct. 27, 2009
Great American Insurance Co. v. Superior Court (Angeles Chemical Co. Inc.)
Stay of insurer’s declaratory relief action is not necessary where factual issues did not overlap with issues in underlying liability action. 		Insurance Oct. 13, 2009
Catholic Healthcare West v. California Insurance Guarantee Association
Affiliated corporation into which employer corporation was merged constitutes 'original claimant' under insurance policy where merger was restructuring of family of corporations. 		Insurance Oct. 7, 2009
Cooper v. State Farm Mutual Automobile Insurance Co.
Before granting motion for nonsuit after plaintiff's opening statement, court must assume all relevant evidence offered is true and meritorious. 		Insurance Sep. 21, 2009
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