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McMeans v. Scripps Health
Recovery under California's Hospital Liens Act was improper where patients' insurers satisfied payment for medical treatment.
Insurance Dec. 7, 2006
Philadelphia Indemnity Insurance Co. v. Montes-Harris
Insurer providing liability insurance to rental car customer has no duty to inquire into facially valid driver's license beyond inspection and signature verification.
Insurance Dec. 7, 2006
Philadelphia Indemnity Insurance Co. v. Findley
Order
Insurance Dec. 5, 2006
Kacha v. Allstate Insurance Co.
In dispute regarding amount of damages, appraisal panel is authorized to establish value of insured items, not to make determination of coverage.
Insurance Nov. 28, 2006
R & B Auto Center Inc. v. Farmers Group Inc.
In case where car dealership claimed insurance agents misrepresented coverage, court erred in depriving dealership of opportunity to put on its case.
Insurance Nov. 27, 2006
State of California v. Unumprovident Corp.
Court's determination that state failed to state cause of action in its lawsuit under Insurance Code was proper.
Insurance Nov. 27, 2006
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Building being renovated is not 'under construction' as defined in insurance policy.
Insurance Nov. 16, 2006
Sentry Select Insurance Company v. Fidelity & Guaranty
Order
Insurance Nov. 15, 2006
Reynolds v. Hartford Financial Services Group Inc.
Consumer is entitled to adverse action notice under Fair Credit Reporting Act even when increased rate is contained in initial policy.
Insurance Nov. 8, 2006
Feibusch v. Integrated Device Technology Inc. Employee Benefit Plan
ERISA benefit denial claims are reviewed de novo, unless discretion to grant or deny claims is unambiguously retained by plan administrator.
Insurance Nov. 8, 2006
Elnekave v. Via Dolce Homeowners Association
Judgment issued pursuant to settlement reached between party and opposing party's insurer and representative violates Code of Civil Procedure Section 664.6.
Insurance Nov. 5, 2006
American International Specialty Lines Insurance Co. v. Continental Casualty Insurance Co.
Insurer is not liable for equitable contribution if insured breached policy's notice provisions, nor for indemnification of insured's wrongful pre-coverage acts.
Insurance Nov. 5, 2006
Camacho v. Automobile Club of Southern California
Uninsured driver fails to plead facts that demonstrate insurance companies engaged in unfair business practices.
Insurance Nov. 1, 2006
Ortega Rock Quarry v. Golden Eagle Insurance Corp.
Pollution exclusion endorsements in insurance policy were not ambiguous and excluded coverage for insured's activities.
Insurance Oct. 25, 2006
Kleveland v. Chicago Title Insurance Co.
Arbitration clause in title insurance policy cannot be enforced where there was no clear reference to policy in contract.
Insurance Oct. 23, 2006
The Standard Fire Insurance Co. v. The Spectrum Community Association
Fact that homeowners association did not exist or own property in question during policy period did not mean damage was not covered.
Insurance Oct. 23, 2006
Parkwoods Community Association v. California Insurance Guarantee Association
CIGA need not satisfy claim where it was not 'covered claim' because other insurance was available.
Insurance Oct. 22, 2006
Prince v. United National Insurance Co.
Where children died in overheated vehicle, connection between use of vehicle and injury was sufficient to trigger insurance policy's exclusion.
Insurance Oct. 22, 2006
Abatie v. Alta Health & Life Insurance Co.
In life insurance case involving discretion-granting plan in which administrator has conflict of interest, standard of review is abuse of discretion.
Insurance Oct. 19, 2006
Unified Western Grocers Inc. v. Twin City Fire Insurance Co.
If complaint alleges willful misconduct by insured, triable issue remains if liability for claim can be based on lesser degree of culpability.
Insurance Oct. 18, 2006
RLI Insurance Co. v. CNA Casualty of California
Excess insurer has no equitable subrogation claim against primary insurer where there was no excess judgment against insured.
Insurance Oct. 17, 2006
Essex Insurance Co. v. Five Star Dye House Inc.
When assignee of insured's bad faith claim brings action for wrongfully withheld policy benefits, assignee can recover related attorney fees as well.
Insurance Oct. 16, 2006
State of California v. Unumprovident Corp.
Court's determination that state failed to state cause of action in its lawsuit under Insurance Code was proper.
Insurance Oct. 16, 2006
Safeco Insurance Co. of America v. Superior Court (Century Surety Co.)
Prima facie showing of coverage by insurer triggers its duty to defend and it bears burden to prove absence of actual coverage.
Insurance Oct. 5, 2006
Bernstein v. The Travelers Insurance Co.
In case involving bad faith allegations against insurance companies, motion to compel discovery of information regarding insurance reserves is granted.
Insurance Sep. 26, 2006
Gorham Co. Inc. v. First Financial Insurance Co.
Insurance Code Section 673(d) does not require lender or insurer to give notice of cancellation of insurance policy to additional named insureds.
Insurance Sep. 12, 2006
CDM Investors v. Travelers Casualty and Surety Co.
In case where plaintiffs seek response costs, indemnification obligation under insurance coverage clause does not extend beyond damages.
Insurance Sep. 8, 2006
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend.
Insurance Sep. 7, 2006
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend.
Insurance Sep. 7, 2006
Lincoln Fountain Villas Homeowners Association v. State Farm Fire & Casualty Insurance Co.
In breach of insurance contract case, court properly granted summary judgment for insurance company where company paid agreed upon damage figure.
Insurance Sep. 6, 2006