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Housing Group v. United National Insurance Co.
Parties cannot stipulate to court's jurisdiction over settlement agreement where parties never filed pre-existing complaint with court.
Insurance Sep. 6, 2001
Avemco Insurance Co. v. Northern Colorado Air Charter Inc.
Cashing of insurance premium refund check does not constitute rescission of insurance contract.
Insurance Sep. 5, 2001
Freeman v. Allstate Life Insurance
Insured's innocent misstatement concerning her epilepsy is grounds for rescission of life insurance policy.
Insurance Aug. 23, 2001
Tosco Corp. v. General Insurance Company of America
Defendant insurer not liable for environmental clean-up costs which originated after expiration of insurance policy.
Insurance Aug. 22, 2001
Aicco Inc. v. Insurance Co. of North America
Plaintiffs have cause of action where reinsurer assumes obligations of original insurer without consent from policyholders.
Insurance Aug. 22, 2001
Levy v. PacifiCare of California
Medicare Act requires exhaustion of administrative remedies before court can hear case.
Insurance Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
Presley Homes Inc. v. American States Insurance Company
Insurer must provide defense for additional insured for entire action as matter of public policy in construction defect litigation.
Insurance Aug. 21, 2001
Century-National Insurance Company v. Glenn
Criminal acts exclusion of homeowners insurance policy applies to insured homeowner who pleads guilty to felony willful discharge of firearm.
Insurance Aug. 14, 2001
Chateau Chamberay Homeowners Assoc. v. Associated International Insurance Co.
Summary judgment of insured's bad faith claim is proper when record reflects parties had genuine dispute as to what was covered under policy.
Insurance Aug. 13, 2001
Adelman v. Associated International Insurance Co.
Insurer is not liable to non-insured third party for negligent performance of its indemnity obligations to named insured.
Insurance Aug. 13, 2001
Barnett v. Fireman's Fund Insurance Co.
Potential for coverage under corporation's insurance policy exists when officers may have been acting within scope of employment when alleged defamatory statements made.
Insurance Aug. 13, 2001
Business Insurance Co. v. BFI Waste Systems of North America, Inc.
Worker's compensation insurer is not entitled to recover personal injury protection benefits paid to auto accident victim.
Insurance Aug. 1, 2001
Rains v. Foundation Health System Life & Health
Arbitration clause in insurance contract is enforceable where not contrary to public policy.
Insurance Aug. 1, 2001
Unum Life Insurance Co. v. Craig
In spite of inconsistent older statute, 120-hour rule applies to simultaneous deaths.
Insurance Jul. 23, 2001
Panorama Village Condo Owners Assn. v. Allstate Insurance Co.
One-year deadline to file property insurance claim is triggered after damage has ended, not when it begins.
Insurance Jul. 22, 2001
Dishman v. Unum Life Insurance Co.
California's common law tort remedy for invasion of privacy isn't pre-empted by ERISA where claim only tenuously related to ERISA plan.
Insurance Jul. 17, 2001
Blue Ridge Insurance Co. v. Jacobsen
Insurer that settles suit under reservation of right and over insured's objection may be reimbursed when it's later determined that underlying claims aren't covered.
Insurance Jul. 16, 2001
Valley Furniture & Interiors Inc. v. Transportation Insurance Co.
Embezzlement scheme involving three employees over several years is one 'occurrence' under insurance policy.
Insurance Jul. 15, 2001
National Technical Systems v. Commercial Contractors
Surety not liable for prior judgment where surety was not joined as party and bond was issued before filing of lawsuit.
Insurance Jul. 12, 2001
Liberty Mutual Insurance Co. v. Tripp
Insured's failure to give notice to insurer of settlement with tortfeasor won't reduce insurer's obligation unless it can show it was prejudiced.
Insurance Jul. 9, 2001
Boicourt v. Amex Assurance Co.
When claimant requests policy limits and insurer refuses to contact policyholder about request, formal settlement offer isn't prerequisite for bad faith action.
Insurance Jul. 6, 2001
Guebara v. Allstate Insurance Company
When genuine issue of liability exists, insurer's refusal to pay claims was reasonable and not in bad faith.
Insurance Jul. 4, 2001
Day v. City of Fontana
Uninsured motorcyclist injured in accident may not sue city for damages for pain and suffering arising from dangerous road condition.
Insurance Jul. 3, 2001
Nat'l Farmers v. Estate Mosher
Estate of deceased tractor driver entitled to personal injury protection benefits under insurance policy.
Insurance Jul. 3, 2001
Ahmadi v. Allstate Insurance Co.
Insurer's requirement that claimants be examined individually is not authorized by insurance policy.
Insurance Jul. 3, 2001
Buena Vista Mines Inc. v. Industrial Indemnity Co.
Insurance company has no duty to defend policyholder in lawsuit alleging misconduct that occurred outside coverage period.
Insurance Jul. 2, 2001
Gulf Insurance Co. v. TIG Insurance Co.
Implied covenant of good faith and fair dealing is owed only to those who are entitled to benefits under insurance policy.
Insurance Jul. 1, 2001
McCormick v. Travelers Insurance Co.
Insurance policyholder's lawsuit over denial of flood coverage must be brought in federal court.
Insurance Jul. 1, 2001