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Fraley v. Allstate Insurance Co.
Homeowner's policy may require completion of repairs within 180-day time limit and absolve insurer from payment of projects taking longer.
Insurance Aug. 18, 2000
Pitman v. Blue Cross and Blue Shield of America
Insurer that also functions as plan administrator has conflict of interest when denying coverage.
Insurance Aug. 8, 2000
Pacific Indemnity Co. v. Bellefonte Ins. Co.
When policies have competing 'excess only' and 'pro rate' clauses, loss is prorated between insurers.
Insurance Aug. 4, 2000
PLCM Group, Inc.
Under Civil Code Section 1717, in-house counsel may recover attorney fees.
Insurance Aug. 4, 2000
Montgomery Ward & Co. Inc. v. Imperial Casualty and Indemnity Co.
Self-insured retentions are not primary insurance and not subject to principle of horizontal exhaustion.
Insurance Aug. 4, 2000
Galanty v. Paul Revere Life Insurance Co.
Policy language required by the Insurance Code takes precedence over any nonrequired policy provision.
Insurance Aug. 4, 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. 4, 2000
The Vons Companies Inc. v. Federal Insurance Co.
Coverage for losses caused by employee dishonesty doesn't extend to vicarious liability for losses arising from employee's tortious conduct.
Insurance Aug. 4, 2000
Maryland Casualty Co. v. Nationwide Mutual Insurance Co.
Equitable contribution rather than equitable subrogation applies to equally liable insurer that did not contribute to defense.
Insurance Aug. 4, 2000
Johnson v. Life Insurance Co.
Order
Insurance Aug. 2, 2000
Jewett v. Woodworth
Insurance company's obligation to defend is a property right subject to attachment.
Insurance Aug. 1, 2000
Birth Hope Adoption Agency v. Arizona Health Care Cost Containment System
Commerce Clause is violated when statute imposes reimbursement costs for state-subsidized care of babies adopted by out-of-state parents.
Insurance Jul. 19, 2000
Salerno v. Atlantic Mutual Insurance Co.
Vendor's endorsement coverage applies only to injures caused by insured property.
Insurance Jul. 13, 2000
Ringler Assoc. Inc. v. Maryland Casualty Co.
Defendant in defamation suit denied coverage when evidence demonstrates first publication occurred before policy's inception.
Insurance Jun. 30, 2000
Allen v. Sully-Miller Contracting Co.
Proposition 213, prohibiting uninsured drivers from recovering non-economic losses, does not protect private company from liability for creating dangerous road conditions.
Insurance Jun. 30, 2000
De La Cruz v. Quackenbush
Insurance commissioner cannot revoke insurance broker's license for refusing to permit warrantless search of records.
Insurance Jun. 30, 2000
Anguiano v. WMB Alllstate Insurance Co.
Insurer has duty to notify insured of settlement discussions with third party when liability is potentially in excess of policy limits.
Insurance Jun. 29, 2000
Old Republic Insurance Co. v. FSR Brokerage Inc.
Insured's bad faith claim against insurer for initiating litigation fails when insured doesn't contend that insurer acted unreasonably in attending to underlying claim.
Insurance Jun. 29, 2000
PLCM Group Inc. v. Drexler
Under Civil Code Section 1717, in-house counsel may recover attorney fees.
Insurance Jun. 29, 2000
Potvin v. Metropolitan Life Insurance Co.
Common law right to fair procedure requires that insurer's removal of physician from preferred provider list be substantially rational and procedurally fair.
Insurance Jun. 29, 2000
Haisch v. Allstate Insurance Co.
Insurer did not engage in fraudulent misrepresentation in marketing Med Pay coverage.
Insurance Jun. 21, 2000
Nelson v. ITT Hartford Fire Insurance Co.
Order
Insurance Jun. 21, 2000
McHugh v. Service Automobile Assoc.
Mudslide provision in standard flood insurance policy includes losses resulting from mudflow.
Insurance Jun. 18, 2000
Sosebee v. State Farm Mutual Automobile Insurance Co.
Doctrine of res judicata bars second suit for bad faith which was based on bad faith discovered during first suit.
Insurance Jun. 15, 2000
Reinkemeyer v. Safeco Insurance Co. of America
Homeowner's insurance policies are governed by state statute requiring Commissioner of Insurance's approval.
Insurance Jun. 15, 2000
Blackhawk-Central v. American Guarantee
Insurer has duty to defend insured when language in policy's pollution exclusion is ambiguous.
Insurance Jun. 15, 2000
National Fire Insurance Co. v. Yellow Cab of Oklahoma Inc.
Order
Insurance Jun. 15, 2000
Bonser v. Shainholtz
Evidence of commonality of insurance is admissible when there is substantial connection between witness and carrier.
Insurance Jun. 14, 2000
Industrial Indemnity Company v. Apple Computer, Inc.
Insurer's duty to defend doesn't include defending against English trademark infringement suit that's excluded from coverage.
Insurance Jun. 14, 2000
Peterman v. State Farm Mutual Automobile Ins. Co.
Insured can recover prejudgment interest in action against insurer for breach of contract.
Insurance Jun. 7, 2000