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Aluminum Company of America v. Accident and Casualty Insurance Co.
It is burden of insurer, not insured, to prove risk of fortuity. 		Insurance May 16, 2001
American Medical International Inc. v. National Union Fire Insurance Co. of Pittsburgh
Where policy does not cover claims filed by former director, there is no breach of implied covenant of good faith. 		Insurance May 16, 2001
Schwindt v. Commonwealth Insurance Co.
Breach of contract claim against insurance company does not accrue until it rejects claim for coverage. 		Insurance May 16, 2001
Overton v. Consolidated Insurance Co.
Question of whether insured expected or intended the damage that occurred is a question that remained when trial court dismissed insured's claims. 		Insurance May 13, 2001
Bowers v. Farmers Insurance Exchange
Mold damage to home caused by tenants' indoor marijuana growth operations constitutes vandalism which is covered under homeowner's insurance policy. 		Insurance May 11, 2001
Herman v. Safeco Insurance Co. of America
Insurer is entitled to summary judgment where insured fails to cooperate in investigation of claims as required by policy agreement. 		Insurance May 10, 2001
Home Savings of America v. Continental Insurance Co.
Mortgagee may recover under standard mortgage clause where insured demolished premises and breached homeowners' policy without mortgagee's knowledge. 		Insurance May 9, 2001
Boston Mutual Insurance v. Murphree
Employee health plan, governed by ERISA, may not coordinate medical benefits with participant's uninsured motorist coverage. 		Insurance May 9, 2001
Marathon Ashland Pipe Line v. Maryland Casualty Company
Insurance company had duty to defend and indemnify additional insured where employee's injury was result of ongoing operations of insured company. 		Insurance May 9, 2001
American Manufacturers Mutual Insurance v. Osborn
Insurance company's damage appraisal that is lower than policyholder's does not constitute bad faith. 		Insurance May 9, 2001
Schwartz v. State Farm Fire and Casualty Company
Excess insurer breached covenant of good faith and fair dealing by failing to save proportionate share of insured's benefits for insured's claim. 		Insurance May 9, 2001
St. Paul Fire and Marine Insurance Co. v. Mid-Century Insurance Co.
Business use exclusion is invalid under Colorado's No Fault Act. 		Insurance May 7, 2001
Gerling Global REinsurance Corp. of America v. Low
Injunction against enforcing Holocaust Victim Insurance Relief Act is upheld, but act doesn't violate commerce clause or foreign affairs power. 		Insurance May 7, 2001
Pacific Fisheries Corp. v. HIH Casualty & General Insurance, Ltd.
Breach of trading warranty renders insurance policy void even if claimed loss was not caused by breach. 		Insurance May 6, 2001
Young v Teti
Case law doesn't permit plaintiff to have offset to damage award reduced for attorney fees. 		Insurance May 6, 2001
City of Arvada v. Colorado Intergovernmental Risk Sharing Agency
Self-insurance pools don't qualify as 'insurers' for purposes of the Colorado Intergovernmental Risk Sharing Agency. 		Insurance May 6, 2001
Philadelphia Indemnity Insurance Co. v. Barerra
Exclusion provision of car rental insurance agreement, contrary to ordinary customer's reasonable expectations, is unenforceable. 		Insurance May 1, 2001
Day v. City of Fontana
Proposition 213, which bars uninsured motorists from recovery of noneconomic damages, may be applied retroactively. 		Insurance May 1, 2001
Allstate Insurance Co. v. King
Homeowner's insurance does not cover injuries inflicted by policyholder who fatally shot neighbors. 		Insurance Apr. 30, 2001
Olivine Corp. v. United Capitol Insurance Co.
Cancellation of policy for nonpayment is not valid where insurer fails to notify all interested parties as required by statute. 		Insurance Apr. 30, 2001
Mcallister v. Agora Syndicate Inc.
Negligence claim not covered under policy's assault and battery exclusion where negligence claim is based upon assault and battery. 		Insurance Apr. 26, 2001
Fichtner v. Mutual of Enumclaw Insurance Co.
When insurance company pays maximum amount available under policy, there are no issues appropriate for arbitration. 		Insurance Apr. 24, 2001
Glasebrook v. Mutual of Omaha Insurance Co.
Insurance company is not required to accept new enrollees as new clients where it has ceased writing new business. 		Insurance Apr. 23, 2001
Brinkerhoff v. Campbell
Insurer has no duty to disclose policy limits, but must correct claimant's mistaken belief as to policy limit after direct inquiry. 		Insurance Apr. 23, 2001
Fluke Corp. v. Hartford Accident
Indemnification for malicious prosecution and punitive damages is not against Washington public policy. 		Insurance Apr. 23, 2001
Anderson v. State Farm Mutual Ins. Co.
Insurance company acts in bad faith by failing to disclose that insured's policy includes underinsured motorist coverage. 		Insurance Apr. 22, 2001
Kaplan v. Northwestern Mutual Life Ins. Co.
Summary judgment is improper when factual issues exist about whether insured seeking benefits made claims as soon as reasonably possible. 		Insurance Apr. 20, 2001
Panorama Village Condominium Owners Assn. Board of Directors v. Allstate Insurance Co.
Insurance policy's suit-limitation provision requires association to act with reasonable diligence once event that puts association on notice of claim occurs. 		Insurance Apr. 20, 2001
Shade Foods Inc. v. Innovative Products Sales & Marketing Inc.
In bad faith lawsuit, punitive damages award is excessive where insurer's conduct does not amount to conscious disregard for insured's rights. 		Insurance Apr. 19, 2001
Cates Construction, Incorp. v. Talbot Partners
Surety's liability is co-extensive with that of the principal and can include covenants implied in bond. 		Insurance Apr. 19, 2001
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