Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B161845
|
McNeill v. State Farm Life Insurance Co.
Policyholder may sue insurer for fraud despite having participated in class action lawsuit. |
Insurance |
|
Jul. 12, 2004 | |
B165390
|
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 | |
B164112
|
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 | |
02-35263
|
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 | |
02-56611
|
Universal Health Services Inc. v. Thompson
Hospitals' failure to raise argument for Medicare reimbursements in appropriate forum results in waiver. |
Insurance |
|
Jul. 8, 2004 | |
S109609
|
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 | |
02-1845
|
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 | |
B161761
|
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 | |
G028171
|
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 | |
B159982
|
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 | |
A093193
|
State Farm Mutual Automobile Insurance Co. v. Low
'Community service statement' filed by insurance companies is subject to public disclosure. |
Insurance |
|
Apr. 25, 2004 | |
02-56081
|
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 | |
G031624
|
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 | |
B164141
|
Automotive Funding Group, Inc. v. Garamendi
Debt cancellation program offered by car finance lender was not insurance subject to regulation. |
Insurance |
|
Mar. 15, 2004 | |
02-15637
|
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 | |
02-17136
|
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 | |
02-35665
|
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 | |
B158594
|
Wolkowitz v. Redland Insurance Co.
Insurer is not liable for refusing to settle lawsuit against policyholder. |
Insurance |
|
Feb. 11, 2004 | |
B162638
|
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 | |
E032011
|
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 | |
C036415
|
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 | |
B149183
|
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 | |
B162493
|
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 | |
B161245
|
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 | |
B150524
|
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 | |
B157874
|
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 | |
B144463
|
Kavruck v. Blue Cross of California
Policyholder may sue insurer for changing age at which premium would be calculated. |
Insurance |
|
Nov. 25, 2003 | |
B150373
|
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 | |
B160114
|
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 | |
S104543
|
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 |