Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D032817
|
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 | |
98-5034
|
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 | |
D031786
|
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 | |
S080201
|
PLCM Group, Inc.
Under Civil Code Section 1717, in-house counsel may recover attorney fees. |
Insurance |
|
Aug. 4, 2000 | |
B126862
|
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 | |
S073678
|
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 | |
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. 4, 2000 | |
98-56645
|
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 | |
D032972
|
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 | |
98-4120
|
Johnson v. Life Insurance Co.
Order |
Insurance |
|
Aug. 2, 2000 | |
99CA0816
|
Jewett v. Woodworth
Insurance company's obligation to defend is a property right subject to attachment. |
Insurance |
|
Aug. 1, 2000 | |
99-16057
|
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 | |
99-0311
|
Salerno v. Atlantic Mutual Insurance Co.
Vendor's endorsement coverage applies only to injures caused by insured property. |
Insurance |
|
Jul. 13, 2000 | |
A082472
|
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 | |
B127946
|
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 | |
B130093
|
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 | |
97-56704
|
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 | |
B100097
|
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 | |
S080201
|
PLCM Group Inc. v. Drexler
Under Civil Code Section 1717, in-house counsel may recover attorney fees. |
Insurance |
|
Jun. 29, 2000 | |
S061945
|
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 | |
98-0703
|
Haisch v. Allstate Insurance Co.
Insurer did not engage in fraudulent misrepresentation in marketing Med Pay coverage. |
Insurance |
|
Jun. 21, 2000 | |
99-6275
|
Nelson v. ITT Hartford Fire Insurance Co.
Order |
Insurance |
|
Jun. 21, 2000 | |
97-35019
|
McHugh v. Service Automobile Assoc.
Mudslide provision in standard flood insurance policy includes losses resulting from mudflow. |
Insurance |
|
Jun. 18, 2000 | |
97-16709
|
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 | |
96-17096
|
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 | |
98-1075
|
Blackhawk-Central v. American Guarantee
Insurer has duty to defend insured when language in policy's pollution exclusion is ambiguous. |
Insurance |
|
Jun. 15, 2000 | |
99-6215, 99-6247 and 99-6367
|
National Fire Insurance Co. v. Yellow Cab of Oklahoma Inc.
Order |
Insurance |
|
Jun. 15, 2000 | |
99SC301
|
Bonser v. Shainholtz
Evidence of commonality of insurance is admissible when there is substantial connection between witness and carrier. |
Insurance |
|
Jun. 14, 2000 | |
A074119
|
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 | |
99CA1162
|
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 |