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Amex Life Assurance Co. v. Superior Court (Slome Capital Corp.)
Incontestability clause bars challenge to life insurance policy issued to insured who was HIV-positive.
Insurance Jul. 26, 1999
Amex Life Assurance Co. v. Superior Court (Slome Capital Corp.)
Insurer cannot assert 'impostor defense' if named insured personally applied for the insurance.
Insurance Jul. 26, 1999
Farmers Insurance Exchange v. Zerin
No equitable lien attaches in insurer's favor to third-party recoveries paid to insureds' attorney.
Insurance Jul. 26, 1999
Escobedo v. Estate of Snider
Aircraft insurance policy doesn't remain effective for failure to inform Transportation Department after nonpayment of premium.
Insurance Jul. 25, 1999
Harco National Insurance Co. v. Bobac Trucking Inc.
Federally-mandated public liability endorsement in trucker's policy doesn't create duty to defend for uncovered vehicle.
Insurance Jul. 25, 1999
Transport Insurance Co. v. Insurance Co. of North America
When premises owner has 'fronting policy', vehicle policy is primary for loss from loading or unloading.
Insurance Jul. 25, 1999
Fireman's Fund Ins. Co. v. Alaskan Pride Partnership
Inability to find cause of vessel's sinking doesn't preclude finding of bad faith by insurer.
Insurance Jul. 19, 1999
Allstate Insurance Co. v. Johnston
Passenger injuries aren't covered under homeowner's insurance policy if a causal connection exists between injuries and vehicle.
Insurance Jul. 15, 1999
Taylor v. Travelers Indemnity Co.
Where claimant is named insured, Underinsured Motorist claim cannot be denied because she was already paid under liability portion of policy.
Insurance Jul. 15, 1999
Wilmington Liquid Bulk Terminals Inc. v. Somerset Marine Inc.
Personal injury coverage in general liability policy is inapplicable to breach of contract action.
Insurance Jul. 15, 1999
Golden Security Thrift & Loan Association v. First American Title Insurance Co.
Title insurance contract warrants the accuracy of property dimensions, not the actual area.
Insurance Jul. 15, 1999
Orange County Water District v. Association of California Water Agencies Joint Powers Insurance Authority
Public entity self-insurance pool isn't 'insurance' requiring exhaustion before excess insurance policy applies.
Insurance Jul. 14, 1999
Truck Insurance Exchange v. Bennett
Personal injury liability clause doesn't provide coverage for action for disparagement or slander of title.
Insurance Jul. 13, 1999
Andrade v. Jennings
Verdict for excess insurer based on defense of collusion between injured party and employer is proper.
Insurance Jul. 10, 1999
Crusader Insurance Co. v. Scottsdale Insurance Co.
Statute requiring brokers place risks with admitted insurers, doesn't create private right of action to sue.
Insurance Jul. 9, 1999
Hitchcock v. Mercury Insurance Co.
Coverage exclusion for insured's injury claims also excludes coverage for claims by vehicle's registered owner.
Insurance Jul. 9, 1999
Minnesota Mutual Life Insurance Co. v. Ensley
Proceeds from term life insurance are either community or separate property depending on who paid the premium during final term.
Insurance Jul. 7, 1999
Stanford University Hospital v. Federal Insurance Co.
Losses to payroll tax company's clients caused by misappropriation of funds aren't covered by insurance policy with exclusion for losses caused by authorized representative.
Insurance Jul. 7, 1999
Smeaton v. Fidelity National Title
Limitations period for claims founded upon a title insurance policy commences when policy is issued.
Insurance Jul. 7, 1999
Reliance National Indemnity Co. v. General Star Indemnity Co.
Indemnification agreement between insured and third party doesn't supersede general coverage rule in dispute between primary and excess insurance carriers.
Insurance Jul. 7, 1999
Hendrickson v. Zurich American Insurance Co. of Illinois
Third party action for loss of use of fields resulting from delivery of defective crops, constitutes 'property damage' for purposes of indemnification by insurer.
Insurance Jul. 7, 1999
Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District
No cause of action can be maintained for contribution and indemnity between two insurers who both provided coverage for same incident.
Insurance Jul. 7, 1999
Mitroff v. United Services Automobile Assoc.
Policys household exclusion precludes coverage for bodily injury to spouse of insured when spouse resides in same household.
Insurance Jul. 7, 1999
HS Services Inc. v. Nationwide Mutual Insurance Co.
Policy's employment-related exclusion regarding defamation doesn't include insured's statement about former employee's competition.
Insurance Jul. 7, 1999
Security Life Insurance v. Meyling
California Insurance Code provisions permitting recission of insurance contracts isn't pre-empted due to savings clause.
Insurance Jul. 7, 1999
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 Jul. 7, 1999
Empire Fire and Marine Insurance Co. v. Bell
Insurance company has duty to defend or indemnify ambulance driver despite driver exclusion endorsement.
Insurance Jul. 6, 1999
General Accident Insurance Co. of America v. Superior Court (Western MacArthur Co.)
Successor corporation isn't entitled by operation of law to predecessor's insurance coverage.
Insurance Jul. 6, 1999
Williams v. Life Insurance Co. of America
No summary judgment for insurance company given issues of claimant's disability proof and benefits denial notice.
Insurance Jun. 29, 1999
Budget Rent-A-Car v. Decoite
Even absent pending state action, court must consider its discretion to determine insurer's duty to defend.
Insurance Jun. 29, 1999