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Fluke Corp. v. Hartford Accident & Indemnity Co.
Insurance company must pay punitive damages assessed against policy holder for malicious prosecution.
Insurance Nov. 26, 2001
Leal v. Allstate Insurance Co.
Insurance company does not owe implied duty of good faith and fair dealing during settlement to third party injured by its insured.
Insurance Nov. 20, 2001
Continental Casualty Co. v. Superior Court (Paragon Homes Inc.)
Insurance company was not obligated to defend insured in lawsuit involving dissolution of partnership when policy only covered property damage.
Insurance Nov. 13, 2001
Hellinger v. Farmers Insurance Exchange
Statute that revives insured's claims for damages stemming from Northridge earthquake, does not unconstitutionally impair contracts.
Insurance Nov. 12, 2001
Phillips v. New Hampshire Insurance Co.
Employee may recover from employer as underinsured motorist where employee did not intentionally impair insurer's rights by settling with tortfeasor.
Insurance Nov. 12, 2001
VBF Inc. v. Chubb Group of Insurance Co.
General liability policy isn't required to indemnify and defend for damages arising from breach of contract.
Insurance Nov. 12, 2001
Estate of Wright (Wright v. United Services Automobile Association
Motorist's death in automobile accident constituted felonious killing for purposes of uninsured motorist coverage.
Insurance Nov. 11, 2001
McDonald v. Schreiner
Insurance company is liable for prejudgment interest as 'claim expense' beyond liability limit.
Insurance Oct. 30, 2001
Rice v. The Office of Servicemembers Group Life Ins.
Plaintiff did not overcome federal presumption of mental capacity to change beneficiaries of life insurance policy.
Insurance Oct. 30, 2001
Norman v. State Farm Mutual Automobile Insurance Co.
Cancellation of insurance policy is effective on date notice is mailed or later date provided in notice.
Insurance Oct. 25, 2001
Dishman v. UNUM Life Insurance Co. of America
State invasion of privacy tort is not pre-empted by ERISA where claim only tenuously related to plan administration.
Insurance Oct. 21, 2001
DeHerrera v. Sentry Insurance Co.
Excluding relatives of named insured from personal injury protection and uninsured motorist coverage based on their occupancy in particular vehicle violates public policy.
Insurance Oct. 19, 2001
Winters v. State Farm Mutual Automobile Insurance Co.
Insurer must pay pro-rata share of legal fees after insured obtains judgment against uninsured motorist from which insurer recouped previously paid benefits.
Insurance Oct. 18, 2001
Progressive Casualty Insurance Co. v. Engemann
Substantial nexus does not exist to warrant insurance coverage for injuries resulting from altercation with agents of policy holder.
Insurance Oct. 16, 2001
Allied Mutual Insurance Co. v. Webb
Nonpermitted use of vehicle cannot be ratified by insured after an accident in order to impose liability on insurer.
Insurance Oct. 15, 2001
Gulf USA Corp. v. Federal Insurance Co.
Loss is discovered when insured obtains facts that dishonesty or fraud caused loss.
Insurance Oct. 8, 2001
AmHS Insurance Co. v. Mutual Insurance Company of Arizona
Arizona law does not permit excess insurer to sue co-excess insurer for bad faith because they owe no duties to each other.
Insurance Oct. 7, 2001
California Ironworkers Field Pension Trust v. Loomis Sayles & Co.
When only portion of investment is imprudent, court should have used permissible percentage standard in awarding damages for breach of fiduciary duty.
Insurance Oct. 7, 2001
Safeco Insurance of Illinois v. Automobile Club Insurance
Umbrella policy that excluded coverage of members of household in auto accidents was void against as public policy.
Insurance Oct. 1, 2001
Michak v. Transnation Title Insurance Corp.
Title insurance company couldn't change its preliminary commitment for insurance without telling its insured.
Insurance Sep. 24, 2001
Safeco Insurance Co. of America v. Robert S.
Exclusion in homeowners policy for 'illegal acts' is unambiguous and doesn't require insurer to indemnify a wrongful death action.
Insurance Sep. 20, 2001
Safeco Insurance Company of America v. Robert S.
Illegal-act exclusion, which can't be given meaning, is rejected as invalid and wrongful death action is within coverage of homeowners' policy.
Insurance Sep. 20, 2001
Tait v. Hartford Underwriters Insurance Co.
Trial court authorized to increase exemplary damage award based on delaying tactics of party.
Insurance Sep. 18, 2001
20th Century Insurance Co. v. Superior Court (Ahles)
Among other things, new statute reviving previously barred insurance claims, arising out of Northridge earthquake doesn't impair insurer's right of contract.
Insurance Sep. 11, 2001
Panico v. Truck Insurance Exchange
Nonsuit judgment is reversed where court improperly required plaintiffs to show structural damage in determining whether roof had 'collapsed.'
Insurance Sep. 11, 2001
Manterola v. Farmers Insurance Exchange
Insurer's declaratory relief action did not toll limitations period and plaintiff's third-party bad faith claim was time-barred.
Insurance Sep. 10, 2001
Sipma v. Massachusetts Casualty Insurance Co.
ERISA pre-empts shareholder employee's state law claims of breach of contract against disability insurer.
Insurance Sep. 9, 2001
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim.
Insurance Sep. 9, 2001
Principal Mutual Life Insurance v. Progressive Mountain Insurance Co.
When named insured excludes coverage for other driver, insurer is not liable for injuries excluded driver causes.
Insurance Sep. 6, 2001
Lance Camper Mfg. Corp. v. Republic Indemnity Co. of America
Substantial evidence supports jury's verdict against workers' compensation insurer, and insurer must set reserves at reasonable expectation of claim's value.
Insurance Sep. 6, 2001