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McNeill v. State Farm Life Insurance Co.
Policyholder may sue insurer for fraud despite having participated in class action lawsuit.
Insurance Jul. 12, 2004
Mercury Insurance Co. v. Ayala
Coverage under 'bodily injury' clause of defendant's insurance policy does not include nonphysical, or mental harm.
Insurance Jul. 12, 2004
Jordan v. Allstate Insurance Co.
Trial court erred in granting summary judgment where unresolved questions of fact remain as to whether homeowner is entitled to insurance coverage.
Insurance Jul. 12, 2004
Providence Health Plan v. McDowell
Health care insurer's lawsuit for breach of contract against policyholder was not pre-empted by ERISA.
Insurance Jul. 12, 2004
Universal Health Services Inc. v. Thompson
Hospitals' failure to raise argument for Medicare reimbursements in appropriate forum results in waiver.
Insurance Jul. 8, 2004
E.M.M.I. Inc. v. Zurich American Insurance Co.
Vehicle theft exclusion in 'jeweler's block' insurance policy doesn't apprise insured that coverage is lost by merely stepping out of car.
Insurance Jul. 1, 2004
Aetna Health Care Inc. v. Davila
Respondents' state causes of action fall within scope of ERISA and are pre-empted and removable to federal court.
Insurance Jun. 22, 2004
Schools Excess Liability Fund v. Westchester Fire Insurance Co.
Because material issue of fact exists as to issue of mutual mistake in insurance policy, grant of summary judgment was improper.
Insurance Jun. 9, 2004
Haynes v. Farmers Insurance Exchange
Coverage limits contained in insurance provision written in vague language and placed near end of policy may not be enforceable.
Insurance May 14, 2004
Donabedian v. Mercury Insurance Co.
Proposition 103 permits lawsuit against insurer who used applicants' absence of prior insurance to determine premiums, discount and insurability.
Insurance May 4, 2004
State Farm Mutual Automobile Insurance Co. v. Low
'Community service statement' filed by insurance companies is subject to public disclosure.
Insurance Apr. 25, 2004
Upper Deck Co. v. Federal Insurance Co.
Insurer had no duty to defend lawsuit on basis of unpled theory of recovery and damages.
Insurance Apr. 6, 2004
Ward General Insurance Services, Inc. v. The Employers Fire Insurance Company
Defendant insurance company is not obligated to cover losses that didn't result from direct physical loss.
Insurance Mar. 15, 2004
Automotive Funding Group, Inc. v. Garamendi
Debt cancellation program offered by car finance lender was not insurance subject to regulation.
Insurance Mar. 15, 2004
Prieto v. Paul Revere Life Insurance Co.
Insurance company did not act in bad faith when it denied insured's claim for disability.
Insurance Mar. 11, 2004
Eichacker v. The Paul Revere Life Insurance Co.
Appellant provided facts sufficient for reasonable jury to find he met insurance policy's definition of disability.
Insurance Mar. 11, 2004
Chale v. Allstate Life Insurance Co.
Climber's death on Mt. Kilimanjaro falls within meaning of accidental injury as used in life insurance policy.
Insurance Feb. 17, 2004
Wolkowitz v. Redland Insurance Co.
Insurer is not liable for refusing to settle lawsuit against policyholder.
Insurance Feb. 11, 2004
Pastoria v. Nationwide Insurance
Insurer that made changes to policy two months after it was purchased may be sued for unfair competition.
Insurance Jan. 23, 2004
Baroco West Inc. v. Scottsdale Insurance Co.
Based on policy period and exclusionary provisions, insurer had no duty to defend insured in negligent construction action.
Insurance Dec. 10, 2003
Uhrich v. State Farm Fire & Casualty Co.
Insurer had no duty to defend or indemnify insured whose malicious actions were not within terms of policy.
Insurance Dec. 5, 2003
Rail Services of America v. State Compensation Insurance Fund
Workers' compensation insurer did not violate duty to set reasonable minimum premium; company had right to make minimum premium nonrefundable.
Insurance Dec. 5, 2003
Amex Assurance Co. v. Allstate Insurance Co.
Plumber who installed heater in friend's home that caused fire was not covered by plumber's homeowner's policy.
Insurance Dec. 5, 2003
California Automobile Insurance Co. v. Hogan
Damages for fatal injuries inflicted during altercation at accident scene were not covered by uninsured motorist policy.
Insurance Dec. 5, 2003
People ex rel. Allstate Insurance Co. v. Muhyeldin
Allegation that physicians engaged in insurance fraud may be proven by preponderance of evidence.
Insurance Dec. 4, 2003
Modern Development Co. v. Navigators Insurance Co.
Insurer had no duty to defend policyholder who was being sued under Americans with Disabilities Act.
Insurance Nov. 26, 2003
Kavruck v. Blue Cross of California
Policyholder may sue insurer for changing age at which premium would be calculated.
Insurance Nov. 25, 2003
Century Surety Co. v. United Pacific Insurance Co.
Primary insurer cannot escape coverage liability through insertion of an 'other insurance' clause.
Insurance Nov. 20, 2003
Woodliff v. California Insurance Guarantee Assn.
California Insurance Guarantee Assn. must pay claim based on judgment for attorney fees that insured obtained against insolvent insurer.
Insurance Oct. 28, 2003
MacKinnon v. Truck Insurance Exchange
Pollution exclusion does not plainly and clearly exclude ordinary acts of negligence involving toxic chemicals such as pesticides.
Insurance Oct. 28, 2003