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Fuller-Austin Insulation Co. v. Highlands Insurance Co.
Insured's bankruptcy confirmation hearing was not actual trial on liability triggering excess insurer's indemnification obligations.
Insurance Sep. 6, 2006
Mid-Century Insurance Co. v. Superior Court (Bandek)
Homeowner's lawsuit against insurer that was never 'litigated to finality' may be revived by Code of Civil Procedure Section 340.9.
Insurance Aug. 30, 2006
Ashou v. Liberty Mutual Fire Insurance Co.
Insurer's reopening and reconsideration of earthquake claim tolls revived one-year statute of limitations set forth in Code of Civil Procedure Section 340.9.
Insurance Aug. 30, 2006
Farmers Insurance Exchange v. Superior Court (Ryan)
Comprehensive scheme for administrative enforcement of insurance rates could not be circumvented by filing class action in state court.
Insurance Aug. 21, 2006
Pilimai v. Farmers Insurance Exchange Co.
Insurer is liable for costs even when total exceeds policy limits when costs are added to compensatory damages.
Insurance Aug. 16, 2006
Oak Park Calabasas Condominium Association v. State Farm Fire and Casualty Co.
Condominium association's directors and officers liability policy does not provide coverage for lawsuit alleging nonpayment of reconstruction costs.
Insurance Aug. 7, 2006
North American Building Maintenance Inc. v. Fireman's Fund Insurance Co.
Exclusion for employment related practices did not prevent coverage for complaint alleging insured acted as employer.
Insurance Aug. 7, 2006
TIG Insurance Co. of Michigan v. Homestore Inc.
Trial court properly granted summary judgment for insurance company in action seeking rescission of directors and officers liability insurance policy.
Insurance Aug. 7, 2006
National Casualty Co. v. Sovereign General Insurance Services Inc.
Term in insurance contract referring to where claim was 'first brought' was not limited to mean filing of formal legal action.
Insurance Aug. 6, 2006
Benavides v. State Farm General Insurance Co.
Insured cannot state claim for negligent handling of claim where policy excludes coverage for loss.
Insurance Jul. 10, 2006
Ohio Casualty Insurance Co. v. Garamendi (The California Fair Plan Association)
Under Insurance Code, insurers' participation in 'FAIR' Plan's profits and losses is based on amount of business in state two years earlier.
Insurance Jul. 10, 2006
Wilson v. 21st Century Insurance Co.
Insured raised triable issue of fact regarding bad faith when insurer failed to contact insured's treating physician.
Insurance Jun. 5, 2006
Kaufman & Broad Communities Inc. v. Performance Plastering Inc.
Recent amendment exempting insurers from criminal liability for providing defense to suspended corporation did not displace duty to intervene to protect interests.
Insurance May 24, 2006
People v. Thompson
Legislature intended to allow civil actions for fraud under Insurance Code notwithstanding applicability of Workers' Compensation Act.
Insurance Apr. 23, 2006
People v. Ranger Insurance Co.
Where offender is arrested outside county within one day of bond forfeiture, Penal Code allows court to vacate forfeiture and exonerate bond.
Insurance Apr. 23, 2006
Fuller-Austin Insulation Co. v. Highlands Insurance Co.
Insured's bankruptcy confirmation hearing was not actual trial on liability triggering excess insurer's indemnification obligations.
Insurance Apr. 10, 2006
Metropolitan Life Insurance Co. v. Parker
In dispute over ERISA-governed life insurance policy, default beneficiary must be determined where decedent failed to identify beneficiary.
Insurance Apr. 10, 2006
1231 Euclid Homeowners Association v. State Farm Fire and Casualty Co.
After insured voluntarily withdrew damage claim, insurer was no longer required to act.
Insurance Apr. 7, 2006
American Alternative Insurance Corp. v. Superior Court (Aero Falcons LLC)
Insurers are required to reimburse insureds for reasonably incurred expenses spent recovering possession of seized airplane, including attorney fees.
Insurance Apr. 7, 2006
Business to Business Markets Inc. v. Zurich Specialties
Surplus lines insurance broker owed duty of care to third party in professional negligence action.
Insurance Mar. 29, 2006
Wayne v. Staples Inc.
Manufacturer is subject to licensing requirement under Insurance Code when it charges premium to customers for procuring insurance from third party provider.
Insurance Mar. 29, 2006
Business to Business Markets Inc. v. Zurich Specialties
Surplus lines insurance broker owed duty of care to third party in professional negligence action.
Insurance Mar. 23, 2006
Hayward v. Centennial Insurance Co.
Because claim alleged wrongful solicitation and not advertising injury, insurer was absolved of duty to defend insured.
Insurance Feb. 14, 2006
Davis v. Farmers Insurance Group
Homeowner's policy exclusion precludes coverage for claims brought against sellers by purchasers of home.
Insurance Feb. 7, 2006
Arocho v. California Fair Plan Insurance Co.
Homeowners' insurance broker was also their plan 'representative' for purposes of earthquake revival statute.
Insurance Feb. 7, 2006
E.M.M.I. Inc. v. Zurich American Insurance Co.
Jeweler's block insurance policy does not cover loss when insured's employee was not 'actually in or upon' car at time of theft.
Insurance Feb. 6, 2006
Julian v. Hartford Underwriters Insurance Co.
Summary judgment for homeowners' insurer was proper because policy contained exclusion for each possible efficient proximate cause of loss.
Insurance Feb. 3, 2006
Boghos v. Lloyd's of London
Insurance underwriter submitted to court's jurisdiction for failure to pay claims.
Insurance Feb. 3, 2006
Powerine Oil Co. Inc. v. Superior Court (Central National Insurance Co.)
Coverage provisions in umbrella policies encompass costs incurred in complying with administrative agencies' cleanup and abatement orders.
Insurance Feb. 3, 2006
County of San Diego v. Ace Property & Casualty Insurance Co.
Denial of coverage for settlement of non-litigated claims was proper because 'damages' in insuring clause refers only to sums ordered by court.
Insurance Feb. 2, 2006