Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B115302
|
Filippo Industries Inc. v. Sun Insurance Co. of New York
Refusal to preclude jury from hearing evidence of denial of coverage for goods in excess of last prefire inventory warehouse report is proper. |
Insurance |
|
Oct. 22, 1999 | |
C031512
|
California Casualty Indemnity Exchange v. Frerichs
Adult child housesitting for two weeks isn't resident of the household for insurance coverage purposes. |
Insurance |
|
Oct. 22, 1999 | |
A068910
|
Aydin Corp. v. First State Insurance Co.
Jury instruction requiring insurer to prove nonexistence of policy's 'sudden and accidental' coverage is prejudicial error. |
Insurance |
|
Oct. 20, 1999 | |
S068623
|
Alaniz v. Simpson
Insurer owes no duty to applicant's potential victims once applicant is notified he is uninsured. |
Insurance |
|
Oct. 6, 1999 | |
97-55926
|
American Casualty Co. v. Krieger
Liability insurer can create ostensible agency in order to extend coverage to additional insured by issuing policy at request of independent broker. |
Insurance |
|
Sep. 30, 1999 | |
A082611
|
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers. |
Insurance |
|
Sep. 30, 1999 | |
D029541
|
United Services Automobile Assn. v. Snappy Car Rental Inc. (Azares)
Car rental agreement and registration card are not indications of an automobile liability insurance policy under the insurance code. |
Insurance |
|
Sep. 23, 1999 | |
B119304
|
Westoil Terminals Co. v. Harbor Insurance Co.
Insurance coverage extends to successor company after change from corporation to limited partnership with same operations, name, equity interests, and control. |
Insurance |
|
Sep. 14, 1999 | |
B126506
|
American Continental Insurance Co. v. American Casualty Co.
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too. |
Insurance |
|
Sep. 13, 1999 | |
B126506
|
American Continental Insurance Co. v. American Casualty Company of Reading, PA
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too. |
Insurance |
|
Sep. 13, 1999 | |
98-0502
|
Drucker v. Greater Phoenix Transportation Co. Inc.
Motor Carrier Financial Responsibility laws require uninsured motorist coverage for drivers of passenger transport vehicles for hire. |
Insurance |
|
Sep. 7, 1999 | |
B120266
|
Ziman v. Fireman's Fund Insurance Co.
Liability policy's coverage for 'advertising injury' does not extend to hanging infringing painting in building lobby for broker's open house. |
Insurance |
|
Sep. 7, 1999 | |
B115453
|
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing. |
Insurance |
|
Sep. 6, 1999 | |
G021060
|
Afrasiabi v. State Farm Fire & Casualty Co.
Although nephew paid rent, he is still a relative under the homeowner's policy, and his claim was properly excluded. |
Insurance |
|
Sep. 2, 1999 | |
98-0261
|
Philadelphia Indemnity Insurance Co. v. Barerra
Drunk driving exclusion in rental insurance isn't against public policy, and anti-drunk driving provision of rental contract isn't unconscionable or unreasonable. |
Insurance |
|
Aug. 18, 1999 | |
99-0022
|
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company keeps attorney-client privilege intact if company doesn't rely on counsel's advice in creating insurance policy. |
Insurance |
|
Aug. 18, 1999 | |
B099340
|
Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh
Proceedings Commenced By Issuance of Determination and Order Do Not Constitute 'Suit.' |
Insurance |
|
Aug. 10, 1999 | |
96-16539 and 96-16701
|
Kearney v. Standard Insurance Co.
In ERISA disability benefits claim, district court needn't consider new evidence if it could have been provided earlier and record is sufficient to permit adequate de novo review. |
Insurance |
|
Aug. 6, 1999 | |
98-0623
|
Meineke v. GAB Business Services Inc.
Independent adjusting firm hired by insurer doesnt owe separate duty to insured. |
Insurance |
|
Aug. 5, 1999 | |
95-35898
|
Allstate Insurance v. Shelton
'Relative' in policy doesn't include child of cohabitant, not married to or relative of insured. |
Insurance |
|
Aug. 4, 1999 | |
A082545
|
Alpine Insurance Co. v. Planchon
Pickup truck with modified 'bed' containing hydraulic scissors-lift is 'mobile equipment' covered under company's insurance policy, not excluded auto. |
Insurance |
|
Aug. 4, 1999 | |
94-55986
|
Paul Revere Life Insurance Co. v. Fima
Insured's overstatement of income in disability insurance application doesn't allow insurer to avoid incontestability clause. |
Insurance |
|
Aug. 3, 1999 | |
C026203
|
Meza v. Southern California Physicians Insurance Exchange
Use of homeopathic remedy as drug without approval isn't covered by insurer under malpractice policy exclusion. |
Insurance |
|
Aug. 2, 1999 | |
B088402
|
Amato v. Mercury Casualty Co.
Insurer is liable for default judgment resulting from tortious breach of duty to defend. |
Insurance |
|
Jul. 29, 1999 | |
A074907
|
State Farm Fire and Casualty Co. v. East Bay Municipal Utility District
Paying claim that could have been denied as excluded doesn't bar insurer from obtaining subrogation. |
Insurance |
|
Jul. 28, 1999 | |
96-1829
|
Bornstein v. J.C. Penney Life Insurance Co.
Death following surgery creates factual issue if insurance policy is silent on definition of 'accident.' |
Insurance |
|
Jul. 28, 1999 | |
A074767
|
Fireman's Fund Insurance Companies v. Quackenbush
Insurance commissioner doesn't have right to review administrative judge's interim evidentiary rulings while hearing is pending. |
Insurance |
|
Jul. 27, 1999 | |
95-56081
|
Continental Insurance Co. v. Metro-Goldwyn-Mayer Inc.
Additional notice of filed suit isn't required after giving notice of wrongful act with claim potential. |
Insurance |
|
Jul. 27, 1999 | |
A074767
|
Fireman's Fund Insurance Co. v. Quackenbush
Insurance commissioner doesn't have right to review administrative judge's interim evidentiary rulings while hearing is pending. |
Insurance |
|
Jul. 27, 1999 | |
98-0446
|
Baker v. Truck Ins. Exchange
Negligent financial management of adoption agencies is not an 'occurrence' under insuring clause of comprehensive general liability policies. |
Insurance |
|
Jul. 27, 1999 |