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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
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
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
Guidant Specialty Mutual Insurance Co. v. Overley
Order
Insurance Oct. 15, 2000
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy.
Insurance Oct. 9, 2000
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
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
Coregis Insurance Co. v. Law Offices of Phillip S. Decaro
Order
Insurance Oct. 3, 2000
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
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
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
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
Broughton v. Cigna Healthplans of California
Insurer can't compel arbitration of suit under California Consumers Legal Remedies Act.
Insurance Sep. 25, 2000
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
Galanty v. Paul Revere Life Insurance Co.
Incontestability clause in disability insurance policy doesn't override coverage limitation in policy.
Insurance Sep. 25, 2000
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
Centra Inc. v. Chandler Insurance Co.
Order
Insurance Sep. 19, 2000
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
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
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
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
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
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
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
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
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
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
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
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
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