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Blue v. Bonta
Dept. of Health Services wrongly excluded stairway chairlifts as covered benefit for medically indigent with Medi-Cal coverage.
Insurance Aug. 7, 2002
Cunningham v. Universal Underwriters
Insurer had no duty to defend breach of contract action involving late delivery of premises to leasee despite 'wrongful eviction' coverage.
Insurance Aug. 7, 2002
Gafcon Inc. v. Ponsor & Associates
Insurer does not engage in practice of law due to employment relationship with attorneys defending insureds against third-party claims.
Insurance Aug. 7, 2002
Watts v. Farmers Insurance Exchange
Innocent policyholder may recover share of losses despite misconduct of other policyholder.
Insurance Aug. 7, 2002
Swain v. California Casualty Insurance Co.
Insurer had no duty to defend policyholder against suit for wrongful eviction under general liability policy.
Insurance Aug. 7, 2002
Mogck v. Unum Life Insurance Co. of America
Because insurer did not utilize terms regarding time limits for legal actions in its correspondences with insured, insured's action is not time-barred.
Insurance Aug. 7, 2002
Prudential Insurance Co. v. Superior Court (Dunniway)
Medical coverage is properly denied to dependent who was not "enrolled as a full-time student in school."
Insurance Aug. 6, 2002
Silva v. Basin Western, Inc.
Reserves and settlement authority are not relevant in plaintiff's personal injury action.
Insurance Aug. 6, 2002
People v. Certain Underwriters at Lloyd's of London
Judgment creditor may recover property damage claims against insurer who wrongfully denied coverage for environmental contamination.
Insurance Aug. 6, 2002
Hamilton v. Maryland Casualty Co.
Defending insurer is not bound by settlement made without its participation, even if settlement was found to be in good faith.
Insurance Jul. 31, 2002
American Family Mutual Insurance Co. v. Centura Health - St. Anthony Central Hospital
Automobile insurance carrier may assert unjust enrichment claim against hospital for overpayment of benefits.
Insurance Jul. 12, 2002
Mid Century Insurance Co. v. The Gates Rubber Co.
Subrogee not entitled to attorney's fees under provision of commercial lease.
Insurance Jul. 12, 2002
Cary v. United of Omaha Life Insurance Co.
Third-party administrator may not be held liable for bad faith breach of insurance contract.
Insurance Jul. 11, 2002
Regional Transportation District v. Aurora Public Schools
Regional Transportation District not entitled to assert subrogation claim for PIP benefits against school district.
Insurance Jul. 11, 2002
Migliore v. Mid-Century Insurance Co.
Party's claims for damage caused by earthquake aftershocks is barred by one-year statute of limitaions.
Insurance Jul. 9, 2002
Roger H. Proulx & Co. v. Crest-Liners Inc.
Triable issues of fact exist where at least some of damages sought were 'because of' property damages potentially covered by insurance policy.
Insurance Jul. 9, 2002
Alex R. Thomas & Co. v. Mutual Service Casualty Insurance Co.
Insured's loss is not covered under policy because insurer established that 'efficient proximate cause' of loss was excluded peril.
Insurance Jul. 9, 2002
Tradewinds Escrow Inc. v. Truck Insurance Exchange
Under business owners policy exclusion, insurer does not have duty to defend claim against insured for failing to render professional services.
Insurance Jul. 9, 2002
Low v. Lan
Court erred by concluding that statute of limitations had run on Insurance Commissioner's preference claim.
Insurance Jul. 2, 2002
Rush Prudential HMO Inc. v. Moran
ERISA does not pre-empt Illinois HMO Act.
Insurance Jun. 30, 2002
Ananda Church of Self-Realization v. Massachusetts Bay Insurance Co.
There is no potential coverage under 'property damage' provision when insured takes documents from trash can of claimant's attorney.
Insurance Jun. 20, 2002
Sylvester v. Liberty Life Insurance Co.
Beneficiary of insurance policy is not entitled to benefits under policy exclusion for alcohol related death.
Insurance Jun. 12, 2002
Butzberger v. T.H.E. Insurance Co.
Motorist injured after leaving own vehicle to assist other motorist is covered by underinsured motorist provision.
Insurance Jun. 12, 2002
Port of Seattle v. Lexington Insurance Co.
Insurance coverage for 'computer virus' does not include upgrading to avoid Year 2000 date recognition problems.
Insurance Jun. 11, 2002
Dupre v. Allstate Insurance Co.
Insured is entitled to sufficient insurance proceeds to replace fire-damaged portions of her home.
Insurance Jun. 11, 2002
United States Fidelity & Guaranty Co. v. Federated Rural Electric Insurance Co.
Oklahoma law does not require equitable subrogation where two insurers have no contract to share cost of defending mutual insured.
Insurance Jun. 4, 2002
Rubin v. State Farm Mutual Automobile Insurance Co.
Policy exclusion does not apply to medical expenses initially paid by workers' compensation but ultimately reimbursed from insured's third-party recovery.
Insurance Jun. 3, 2002
Allen v. Sully-Miller Contracting Co.
Proposition 213, prohibiting uninsured drivers from recovering non-economic losses, does not protect private company from liability for creating dangerous road conditions.
Insurance May 22, 2002
Symes of Silverdale Inc. v. American States Insurance Co.
Insurer does not owe proceeds to bankruptcy estate when damages were caused by arson committed by policyholder.
Insurance May 20, 2002
Moroni Feed Co. v. Mutual Service Casualty Insurance Co.
Umbrella policy's provision that excludes coverage for injury arising out of employment practices is unambiguous.
Insurance May 14, 2002