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Northrop Grumman Corp. v. Factory Mutual Insurance Co.
Where excess policy excludes flood coverage in contrast to primary policy, insurer is not required to pay for damage from Hurricane Katrina.
Insurance Apr. 3, 2009
Alexander Manufacturing Inc. Employee Stock Ownership Plan and Trust v. Illinois Union Insurance Co.
Under Oregon law, anti-assignment clause does not cover post-loss assignments of interest.
Insurance Mar. 26, 2009
Troyk v. Farmers Group Inc.
Summary judgment reversed where plaintiff did not address how alleged conduct caused 'injury in fact' required by Unfair Competition Law.
Insurance Mar. 12, 2009
Walker v. Geico General Insurance Co.
Request for injunctive relief absent showing of lost money or property insufficient standing to sue under California Unfair Competition Law.
Insurance Mar. 11, 2009
Broberg v. Guardian Life Insurance Company of America
Insurance policy disclaimers insufficient inquiry notice to trigger statute of limitations period for unfair competition claim.
Insurance Mar. 3, 2009
McCoy v. Progressive West Insurance Co.
Reasonableness instruction pursuant to California Civil Instruction 2331 supports insurer bad claim finding where no genuine issue is shown.
Insurance Mar. 2, 2009
Sutter Health Uninsured Pricing Cases
Court has broad discretion to approve class action settlement as fair and reasonable, motion to intervene requires filing of compliant in intervention.
Insurance Feb. 26, 2009
Executive Risk Indemnity Inc. v. Jones
Insurer is bound by default judgment against its insured when given notice and opportunity to defend.
Insurance Feb. 24, 2009
Winterrowd v. American General Annuity Insurance Co.
Plaintiffs may recover attorney fees generated by member of Oregon Bar who assists California attorney in litigating case before district court.
Insurance Feb. 18, 2009
National Union Fire Insurance Co. of Pittsburgh v. Cambridge Integrated Services Group Inc.
In insurance case, defendant's duty of care to plaintiff does not create conflict of loyalties.
Insurance Feb. 13, 2009
Kwok v. Transnation Title Insurance Co.
Transfer of property’s title from LLC, which was named insured, to nonmember trustees terminates coverage under policy.
Insurance Feb. 12, 2009
United National Insurance Co. v. Spectrum Worldwide Inc.
'First publication' clause excluding coverage for 'advertising injury' that occurred before policy's effective date applies to copyright infringement claims.
Insurance Feb. 3, 2009
Major v. Western Home Insurance Co.
Additional coverage increases coverage limits home insurance company is contractually bound to pay under terms of policy.
Insurance Feb. 2, 2009
State of California v. Continental Insurance Co.
In case involving cleanup of hazardous waste site, state may recover beyond limits of any one liability insurance policy period.
Insurance Jan. 29, 2009
Safeco Insurance Co. v. Parks
Insurance company is not prejudiced by delayed notice where it relies on identical automobile exclusion to decline defense in substantially similar policies.
Insurance Jan. 28, 2009
State of California v. Continental Insurance Co.
In case involving cleanup of hazardous waste site, state may recover beyond limits of any one liability insurance policy period.
Insurance Jan. 19, 2009
Cornhusker Casualty Insurance Co. v. Kachman
Issue of whether cancellation notice sent by certified mail satisfies notice requirement if never received by insured is certified to state supreme court.
Insurance Jan. 13, 2009
Mercury Insurance Co. v. Pearson
Additional driver listed in policy is not allowed uninsured motorist benefits where late fiancée was 'named insured.'
Insurance Jan. 7, 2009
Major v. Western Home Insurance Co.
Additional coverage increases coverage limits home insurance company is contractually bound to pay under terms of policy.
Insurance Jan. 7, 2009
State of California v. Continental Insurance Co.
In case involving cleanup of hazardous waste site, state may recover beyond limits of any one liability insurance policy period.
Insurance Jan. 6, 2009
Food Pro International Inc. v. Farmers Insurance Exchange
Court errs in finding that insurer had no duty to defend insured where third party sustains injuries.
Insurance Dec. 31, 2008
Otay Land Co. v. Royal Indemnity Co.
Declaratory relief is unavailable to injured third party against tortfeasor's insurer for failure to indemnify.
Insurance Dec. 23, 2008
Employers Mutual Casualty Co. v. Philadelphia Indemnity Insurance Co.
Trial court correctly holds that insurer was required to contribute toward payment of statutory attorney fees.
Insurance Dec. 19, 2008
Compulink Management Center Inc. v. St. Paul Fire and Marine Insurance Co.
Parties are required to arbitrate dispute involving attorney fees owed to insured for defense by independent counsel.
Insurance Dec. 18, 2008
GGIS Insurance Services Inc. v. Superior Court (Capitol Indemnity Corp.)
Insurer has no duty to defend under policy that expressly precludes coverage for defense costs arising from insured's failure to pay money.
Insurance Dec. 15, 2008
The Upper Deck Co. LLC v. American International Specialty Lines Insurance Co.
Insurance policy insuring tax strategy later abandoned by insureds does not cover loss incurred as result of settlement with IRS.
Insurance Dec. 10, 2008
Troyk v. Farmers Group Inc. (Prematic Service Corp.)
Summary judgment is improper where plaintiff fails to show triable issue as to causation regarding standing in Unfair Competition Law action.
Insurance Dec. 10, 2008
Hecht v. Paul Revere Life Insurance Co.
Retail clothing owner who continues to perform substantial portion of work connected with employment is not 'totally' disabled.
Insurance Nov. 7, 2008
Power Fabricating Inc. v. State Compensation Insurance Fund
Insurance company has no duty to defend where it made full payment of death benefits under worker compensation provisions of policy.
Insurance Oct. 31, 2008
Bouton v. USAA Casualty Insurance Co.
Trial court must decide whether plaintiff is an insured entitled to enforce policy's arbitration provision.
Insurance Oct. 8, 2008