| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B196455
|
State of California ex rel. Metz v. Farmers Group Inc.
Automobile insurer and affiliated agents are not subject to qui tam action based on mishandling of vehicle owner's total loss claim. |
Insurance |
|
Nov. 12, 2007 | |
|
06-55001
|
Financial Management Advisors LLC v. American International Specialty Lines Insurance Co.
Insurance company improperly denies coverage for claims brought by unrelated investors who have same financial advisor, but allege different 'wrongful acts.' |
Insurance |
|
Nov. 5, 2007 | |
|
F050458
|
California Capital Insurance Co. v. Farmers Insurance Group
Insurance company must contribute to settlement in personal injury action where insureds’ indemnity provision does not cover property manager’s active negligence. |
Insurance |
|
Oct. 21, 2007 | |
|
B192640
|
Jafari v. EMC Insurance Companies
Because acts committed by insured in self-defense may be deemed 'accident,' trial court erred in finding insurer had no duty to defend. |
Insurance |
|
Sep. 27, 2007 | |
|
C051124
|
Aerojet-General Corp. v. Commercial Union Insurance Co.
Insurers need not indemnify insured where settlement costs are outside scope of indemnity coverage in policies. |
Insurance |
|
Sep. 16, 2007 | |
|
B189977
|
Allstate Insurance Co. v. Mercury Insurance Co.
Insurance company must participate in proration of insured's damages pursuant to uninsured motorist insurance policy. |
Insurance |
|
Sep. 6, 2007 | |
|
B198538
|
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'. |
Insurance |
|
Sep. 6, 2007 | |
|
05-16380
|
Merrick v. Paul Revere Life Insurance Co.
Insured's motion in limine is properly granted where court's finding that insurance company withheld evidence is not clearly erroneous. |
Insurance |
|
Sep. 4, 2007 | |
|
F051091
|
Essex Insurance Co. v. City of Bakersfield
Insurance policy's auto exclusions do not defeat city's reasonable expectation to be covered for claims arising from dangerous condition of public property. |
Insurance |
|
Aug. 29, 2007 | |
|
A114986
|
R.A. Stuchbery & Others Syndicate 1096 v. Redland Insurance Co.
Insurance company has no duty to defend or indemnify shuttle service where passenger's alleged rape did not result from 'use' of shuttle. |
Insurance |
|
Aug. 29, 2007 | |
|
05-55923
|
Intri-Plex Technologies Inc. v. The Crest Group Inc.
Insured’s suit is properly dismissed as impermissible attempt to split single cause of action where insurer already settled its subrogated action against tortfeasor. |
Insurance |
|
Aug. 28, 2007 | |
|
B188432
|
Archdale v. American International Specialty Lines Insurance Co.
Statute of limitations on viable contract claim for failure to accept reasonable settlement offer is equitably tolled until judgment is deemed final. |
Insurance |
|
Aug. 24, 2007 | |
|
B198538
|
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'. |
Insurance |
|
Aug. 24, 2007 | |
|
C053355
|
California Capital Insurance Co. v. Nielsen
Insurance company is not required to pay uninsured motorist benefits on accident with uninsured vehicle because owner’s personal umbrella policy covered ownership. |
Insurance |
|
Aug. 1, 2007 | |
|
B190427
|
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses cannot be used to defeat cause of action under Unfair Competition Law against insurance provider. |
Insurance |
|
Jul. 31, 2007 | |
|
B188432
|
Archdale v. American International Specialty Lines Insurance Co.
Insurer's failure to accept reasonable settlement offer breaches liability policy's implied covenant of good faith, supporting claim sounding in tort or contract. |
Insurance |
|
Jul. 25, 2007 | |
|
04-16963
|
Ball v. Rodgers
New case law dictates Medicaid Act's 'equal access' provision does not accord class of elderly and disabled Medicaid beneficiaries individual rights. |
Insurance |
|
Jul. 17, 2007 | |
|
B186943
|
Marquez Knolls Property Owners Association Inc. v. Executive Risk Indemnity Inc.
Exclusion from coverage does not apply where underlying exclusionary activities were not performed by insured, but by third party. |
Insurance |
|
Jul. 15, 2007 | |
|
B189115
|
Lazy Acres Market Inc. v. Tseng
Insured that hires own attorney and settles suit cannot later recover fees in malpractice action against insurance company's attorney. |
Insurance |
|
Jul. 5, 2007 | |
|
B192590
|
Burns v. California Fair Plan
Multiple insureds cannot recover more than value of destroyed property on fire insurance claim resulting from single occurrence. |
Insurance |
|
Jun. 27, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
Jun. 26, 2007 | |
|
04-35181
|
Caliber One Indemnity Co. v. Wade Cook Financial Corp.
Court properly concludes that insurance contract's deductible refers to total insured value of damaged property. |
Insurance |
|
Jun. 26, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 14, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 14, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 13, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 13, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
May 29, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
May 16, 2007 | |
|
G036451
|
Padilla Construction Co. Inc. v. Transportation Insurance Co.
Umbrella insurer is not obligated to defend lawsuit where primary insurance is available. |
Insurance |
|
May 15, 2007 | |
|
B188714
|
Pacific Business Connections Inc. v. St. Paul Surplus Lines Insurance Co.
Insurer properly denies claim after financing company cancels policy for nonpayment. |
Insurance |
|
May 4, 2007 |
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