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People v. Weitzman
Qui tam action which alleged insurance fraud ring may proceed where insurer was original source of information of alleged claims.
Insurance Jun. 24, 2003
Foltz v. State Farm Mutual Automobile Insurance Co.
Sealing discovery materials requires showing of good cause; maintaining under seal filed documents requires compelling reason.
Insurance Jun. 23, 2003
Rosen v. State Farm General Insurance Co.
Homeowner's policy that defines term 'collapse' as 'actually fallen down or fallen into pieces' provides coverage for imminent collapse.
Insurance Jun. 10, 2003
Benitez v. North Coast Women's Care Medical Group
Lesbian's state claims against doctors who refused to provide infertility treatments are not pre-empted by ERISA.
Insurance May 21, 2003
State Farm Mutual Automobile Insurance Co. v. Campbell
Grossly excessive or arbitrary punitive damage awards are prohibited by due process clause.
Insurance May 2, 2003
Kentucky Association of Health Plans Inc. v. Miller
Kentucky's 'Any Willing Provider' statutes are not pre-empted by ERISA.
Insurance Apr. 9, 2003
Elysian Investment Group v. Stewart Title Guaranty Co.
Because recorded notice that building on property was substandard does not effect title, insurer's denial of title insurance coverage was proper.
Insurance Mar. 26, 2003
Juarez v. 21st Century Insurance Co.
Insurer was not required to give notice of time limit to file uninsured motorist claim where insured was represented by counsel.
Insurance Mar. 26, 2003
Homedics Inc. V. Valley Forge Insurance Co.
Patent infringement claims do not trigger insurer's duty to defend under commercial general liability policy.
Insurance Mar. 21, 2003
Tran v. Farmers Group Inc.
Attorney-in-fact owes insured limited fiduciary duty under power of attorney.
Insurance Feb. 28, 2003
Hillenbrand Inc. v. Insurance Co. of North America
Insurer that sued policyholder for declaration there was no duty to defend is liable for malicious prosecution.
Insurance Feb. 24, 2003
Insua v. Scottsdale Insurance Co.
No-voluntary-payments provision precludes insured from recovering pre-tender expenses.
Insurance Feb. 23, 2003
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee.
Insurance Feb. 20, 2003
People v. Fremont Life Insurance Co.
Civil penalty was properly imposed against insurer for unlawfully selling annuities to senior citizens.
Insurance Feb. 20, 2003
Kapsimallis v. Allstate Insurance Co.
Where claim involves cataclysmic damage, insurers may not determine 'inception of loss' as date when physical event caused damage.
Insurance Feb. 20, 2003
Buxbaum v. Aetna Life and Casualty Co.
Law firm that reduced its hours due to flood is not entitled to insurance benefits for business interruption.
Insurance Feb. 4, 2003
Imbler v. Pacificare of California Inc.
Health insurer cannot compel arbitration of patient's claims for breach of contract.
Insurance Feb. 4, 2003
Conestoga Services Corp. v. Executive Risk Indemnity Inc.
Exclusion in errors and omissions policy does not excuse insurer's duty to defend malpractice action.
Insurance Feb. 4, 2003
County of San Diego v. Ace Property & Casualty Insurance Co.
There is no duty to indemnify claims neither litigated nor approved by insurer.
Insurance Feb. 4, 2003
Henkel Corp. v. Lloyd's of London
Insurer may have duty to defend and indemnify successor corporation if 'triggering event' occurred during time covered by policy.
Insurance Feb. 3, 2003
Barratt American Inc. v. Transcontinental Insurance Co.
Developer may recover repair costs from liability insurer even if only a few homeowners have joined in suit.
Insurance Feb. 3, 2003
Dewitt Construction Inc. v. Charter Oak Fire Insurance Co.
Damages resulting from reinstallation of substandard work are covered under general liability policy.
Insurance Jan. 15, 2003
Avery Dennison Corp. v. Allendale Mutual Insurance Co.
Insurance policy did not cover intangible property such as insured's trade secrets.
Insurance Jan. 15, 2003
Cort v. St. Paul Fire and Marine Insurance Companies
No duty to defend insured exists in action arising from insured's painting over mural because action wasn't within personal or advertising injury coverage of policy.
Insurance Jan. 15, 2003
Wilson v. Farmers Insurance Exchange
Decrease in value of home due to unfinished renovation was not covered by all-risk homeowner's policy.
Insurance Dec. 30, 2002
Pension Trust Fund for Operating Engineers v. Federal Insurance Co.
Lawsuit for breach of fiduciary duty triggered insurance company's duty to defend policyholder.
Insurance Dec. 15, 2002
Pecarovich v. Allstate Insurance Co.
Damage to policyholder's home may have been covered by flood insurance policy.
Insurance Nov. 12, 2002
Hillenbrand Inc. v. Insurance Co. of North America
Insurer liable for malicious prosecution where they denied duty to defend by instituting declaratory action against insured.
Insurance Nov. 12, 2002
Vencor Inc. v. National States Insurance Co.
Under Medicare supplemental insurance contract, insurance company only is obligated to pay hospital amount that Medicare would have paid for patient's care.
Insurance Nov. 10, 2002
Anthem Electronics Inc. v. Pacific Employers Insurance Co.
California law requires general liability insurers to defend against negligence and breach of contract claim.
Insurance Oct. 29, 2002