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Lyons v. Fire Insurance Exchange
Insurer has no duty to defend where insured's alleged sexual advances, at heart of underlying claim, cannot be deemed 'accident.'
Insurance Apr. 7, 2008
Progressive Casualty Insurance Co. v. Owen
Insurer is entitled to summary judgment absent evidence that injured director was driving truck as temporary substitute for vehicle named in policy.
Insurance Mar. 27, 2008
Manzarek v. St. Paul Fire & Marine Insurance Co.
Insurer's motion to dismiss is improperly granted where allegations in underlying complaint raise potential for coverage under policy.
Insurance Mar. 26, 2008
Qualcomm Inc. v. Certain Underwriters at Lloyd's London
Settlement with primary insurer for amount below policy limit does not exhaust coverage for purposes of triggering underwriters' excess coverage obligation.
Insurance Mar. 26, 2008
James River Insurance Co. v. Schenk
Insurer cannot deny coverage to law firm based on 'fraudulent misrepresentation' where application's request for potential malpractice claims calls for opinion.
Insurance Mar. 19, 2008
Fogel v. Farmers Group Inc.
Attorney-in-fact is not immune from lawsuit brought by insurance policyholders seeking to recover alleged excessive fees.
Insurance Mar. 19, 2008
Wedemeyer v. Safeco Insurance Co. of America
Where exhaustion rule applies only to automobile liability policies, defendant is required to pay additional costs under underinsured motorist coverage.
Insurance Mar. 14, 2008
American Casualty Co. v. Miller
Where pollution exclusion clause excludes coverage for environmental pollution event, there is no coverage for injuries resulting from pollution.
Insurance Jan. 31, 2008
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. 31, 2008
Hailey v. California Physicians' Service
Where health services plan’s rescission of contract for misrepresentation or omission is based on disputed facts, grant of summary judgment is improper.
Insurance Jan. 24, 2008
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Jan. 17, 2008
Bruyn v. Superior Court (Farmers Group Inc.)
Insurer can provide coverage for some, but not all, manifestations of peril, as long as policy is clear which perils are and are not covered.
Insurance Jan. 16, 2008
Crowley Maritime Corp. v. Boston Old Colony Insurance Co.
Insurer seeking recovery against co-insurers of its insured under theory of equitable contribution is not bound by insured’s contractual obligations to co-insurers.
Insurance Jan. 14, 2008
Edo v. GEICO Casualty Co.
Insurance company is not liable for increased premium where it would offer same rate without taking applicant's credit score into account.
Insurance Jan. 10, 2008
Willes v. State Farm Fire and Casualty Co.
To determine whether first-time insurance rate is unfair, court compares rate applicant would have received had company not taken credit score into account.
Insurance Jan. 10, 2008
Spano v. Safeco. Corp.
Insurer cannot be held liable for 'willful violation' of Fair Credit Reporting Act where misreading of its requirements was not reckless.
Insurance Jan. 10, 2008
Belz v. Clarendon America Insurance Co.
Where default judgment results from lack of notice by insured, insurer is liable on judgment unless it suffered actual, substantial prejudice.
Insurance Jan. 2, 2008
Hailey v. California Physicians' Service
Where health services plan’s rescission of contract for misrepresentation or omission is based on disputed facts, grant of summary judgment is improper.
Insurance Dec. 27, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Dec. 20, 2007
Stellar v. State Farm General Insurance Co.
Insurer owes no duty to defend its insured in defamation action when insured's allegedly defamatory statements were not accidental or negligent.
Insurance Dec. 19, 2007
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Dec. 18, 2007
The Boeing Co. v. Continental Casualty
Plaintiff does not qualify as additional insured where insurance policy is interpreted as whole and in context.
Insurance Dec. 16, 2007
Tocconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses may not be asserted to defeat claim under Unfair Competition Law against insurance provider.
Insurance Dec. 5, 2007
Goodstein v. Continental Casualty Co.
Insurance company must prove prejudice from receiver's delay in suing for defense costs from litigation over sale of contaminated sites.
Insurance Dec. 4, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Nov. 29, 2007
Bjork v. State Farm Fire and Casualty Co.
Resident relative exclusion bars coverage of mother's liability to daughter for negligence in failing to prevent sexual molestation by daughter's father.
Insurance Nov. 22, 2007
JPI Westcoast Construction LP v. RJS & Associates Inc.
Where plaintiff was excess to policy, having paid part of settlement funds on behalf of insurer, plaintiff was entitled to seek reimbursement.
Insurance Nov. 20, 2007
Cold Creek Compost Inc. v. State Farm Fire and Casualty Co.
Insurance company prevails in indemnity action where policy's pollution exclusion applies to odor, dust and noise caused by plaintiff's facility.
Insurance Nov. 20, 2007
LA Sound USA Inc. v. St. Paul Fire and Marine Insurance Co.
Insurers seeking reimbursement must show which costs can be allocated to defense of each particular insured.
Insurance Nov. 15, 2007
Mercury Casualty Co. v. Scottsdale Indemnity Co.
Allegedly self-interested conduct by insurer in lobbying for passage of certain bill is insufficient basis for invalidating resultant legislation.
Insurance Nov. 14, 2007