Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-56437
|
Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program
State law governs limitations period while federal law determines when claims for benefits accrue under ERISA plans. |
Insurance |
|
Nov. 3, 2000 | |
97-55941
|
K F Dairies Inc. & Affiliates v. Fireman's Fund Insurance Co.
Company's comprehensive general liability insurance must provide coverage because damage occurred within policy period and before state made its claim. |
Insurance |
|
Nov. 2, 2000 | |
98-36070
|
Quigg Brothers-Schermer Inc., v. Commercial Union Insurance
Claims for damage to barge that are payable under hull policy as 'sue and labor' expenses are excepted from 'protection and indemnity' policy. |
Insurance |
|
Nov. 2, 2000 | |
99-3317
|
Guidant Specialty Mutual Insurance Co. v. Overley
Order |
Insurance |
|
Oct. 15, 2000 | |
B113007
|
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy. |
Insurance |
|
Oct. 9, 2000 | |
98-56261
|
Pershing Park Villas v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy. |
Insurance |
|
Oct. 5, 2000 | |
98-56261
|
Pershing Park Villas Homeowners Assoc. v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy. |
Insurance |
|
Oct. 4, 2000 | |
99-1200
|
Coregis Insurance Co. v. Law Offices of Phillip S. Decaro
Order |
Insurance |
|
Oct. 3, 2000 | |
B135120
|
San Gabriel Valley Water Co. v. Hartford Accident and Indemnity Co.
Liability insurer's obligation to pay fees of independent counsel under pre-1988 policy is limited by statute when action is commenced after 1988. |
Insurance |
|
Sep. 28, 2000 | |
G020019
|
United Services Automobile Assoc. v. Superior Court (Riley)
Consolidation of personal injury claim and action for spoliation of evidence doesn't prejudice insurance company. |
Insurance |
|
Sep. 26, 2000 | |
B113595
|
Fireman's Fund Insurance Co. v. Superior Court (Vickers Inc.)
Insurer's duty to defend against any 'suit' doesn't include duty to defend against administrative claim. |
Insurance |
|
Sep. 26, 2000 | |
B097260
|
PPG Industries Inc. v. Transamerica Insurance Co.
Punitive damages against insured cannot be passed to insurer in breach of duty to settle action. |
Insurance |
|
Sep. 26, 2000 | |
B093517
|
Broughton v. Cigna Healthplans of California
Insurer can't compel arbitration of suit under California Consumers Legal Remedies Act. |
Insurance |
|
Sep. 25, 2000 | |
B104166
|
Walker v. 20th Century Insurance Co.
Convicted felon cannot recover attorney fees from insurer for breach of covenant of good faith. |
Insurance |
|
Sep. 25, 2000 | |
S073678
|
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy. |
Insurance |
|
Sep. 25, 2000 | |
99-0370
|
Taylor v. Travelers Indemnity Co.
Policy that completely excludes underinsured motorist coverage for other than duplication of recovery is prohibited by statute. |
Insurance |
|
Sep. 19, 2000 | |
98-6134, 98-6145, 98-6164 and 98-6166
|
Centra Inc. v. Chandler Insurance Co.
Order |
Insurance |
|
Sep. 19, 2000 | |
99-725
|
Provident Life & Accident Ins. v. Henry
Disability insurance policy may condition benefits on insured's consent to 'appropriate' medical care including surgery. |
Insurance |
|
Sep. 18, 2000 | |
99SC133
|
Smith v. Farmers Insurance Exchange
Medicare Secondary Payer provisions of Social Security Act doesn't limit amount medical provider can collect from no-fault insurer where Medicare has made conditional payment. |
Insurance |
|
Sep. 18, 2000 | |
B132007
|
Louise Gardens of Encino Homeowners' Assn. Inc. v. Truck Insurance Exchange
Arbitration decisions resulting from failure to follow guidelines proscribed by policy may be overturned if timely challenged. |
Insurance |
|
Aug. 31, 2000 | |
A082975
|
Peerless Lighting Corp. v. American Motorists Insurance Co.
Advertising injuries don't include injuries that occur during an effort to sell a product specifically manufactured for a single customer on a specific project. |
Insurance |
|
Aug. 30, 2000 | |
99-250
|
Country Mutual Insurance Co. v. Fonk
Exhaustion clause doesn't bar insured's recovering underinsured motorist benefits where damages exceed limits of tortfeasor's policy and insured settles for less than liability limits. |
Insurance |
|
Aug. 29, 2000 | |
G022048
|
Belmonte v. Employers Insurance Co.
Insurer does not owe duty to defend when no conceivable theory can bring claim within policy coverage. |
Insurance |
|
Aug. 29, 2000 | |
99-0354
|
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage. |
Insurance |
|
Aug. 29, 2000 | |
99-0354
|
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage. |
Insurance |
|
Aug. 29, 2000 | |
D033347
|
Fire Insurance Exchange v. Hammond
Insurance company may sue under theory of subrogation where policy of insured/lessor is not intended for mutual benefit of lessee. |
Insurance |
|
Aug. 27, 2000 | |
98-36054
|
National Warranty Ins. Co. v. Greenfield
Oregon law regulating risk-retention groups is pre-empted by federal Liability Risk Retention Act. |
Insurance |
|
Aug. 25, 2000 | |
S062139
|
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action. |
Insurance |
|
Aug. 25, 2000 | |
G024720
|
Nager v. Allstate Insurance Co.
Summary judgment for insurance company upheld in bad faith claim when company paid promptly and other bills satisfied from settlement proceeds. |
Insurance |
|
Aug. 23, 2000 | |
G024720
|
Nager v. Allstate Insurance Co.
Summary judgment for insurance company upheld in bad faith claim when company paid promptly and other bills satisfied from settlement proceeds. |
Insurance |
|
Aug. 23, 2000 |