| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-55441
|
Singer v. State Farm Mutual Automobile Insurance Co.
Insurer is liable for not paying policy owner when uninsured motorist's liability is clear. |
Insurance |
|
Jun. 29, 1999 | |
|
97-17034
|
Lakeside Non-Ferrous Metals Inc. v. Hanover Insurance Co.
Insurance policies excluding property damage by pollution preclude contamination claims framed as trespass and nuisance actions. |
Insurance |
|
Jun. 29, 1999 | |
|
S052878
|
Imcera Group, Inc. v. Liberty Mutual Insurance Co.
Potential for coverage requires insurers to pay for insured's defense costs related only to insured damage. |
Insurance |
|
Jun. 29, 1999 | |
|
B123946
|
Sanchez v. Lindsey Morden Claims Services Inc.
Independent insurance claims adjuster has no duty to insured with whom it has no contract. |
Insurance |
|
Jun. 28, 1999 | |
|
B106120
|
State Farm Fire and Casualty Company v. The Superior Court of Los Angeles County (Taylor)
Insurance company's wrongful tacticswarrant application of crime/fraud exception permitting disclosure of privileged information. |
Insurance |
|
Jun. 26, 1999 | |
|
A075233
|
Blackhawk Corp. v. Gotham Insurance Co.
Subsidence exclusions apply to preclude coverage of defective lot claims by homeowners against developer. |
Insurance |
|
Jun. 26, 1999 | |
|
A071513
|
Clayton v. United Services Automobile Assoc.
Emotional distress need not arise from financial hardship traceable to nonpayment of insured's claim. |
Insurance |
|
Jun. 26, 1999 | |
|
96-15487
|
First State Insurance Co. v. Callan Associates Inc.
Under diversity statute, insurer has right to pursue rescission claim against insured in federal court. |
Insurance |
|
Jun. 26, 1999 | |
|
B094351
|
Continental Insurance Co. v. Lexington Insurance Co.
Umbrella policy is not subject to proration with a primary policy converted to excess policy. |
Insurance |
|
Jun. 26, 1999 | |
|
B106120
|
State Farm Fire and Casualty Co. v. Superior Court (Taylor)
Insurance company's wrongful tactics warrant application of crime/fraud exception permitting disclosure of privileged information. |
Insurance |
|
Jun. 26, 1999 | |
|
96-56132 and 96-56506
|
Quackenbush v. Allstate Insurance Co.
Federal arbitration on liquidator's claims and state court proceedings on setoff issue can proceed concurrently. |
Insurance |
|
Jun. 26, 1999 | |
|
A072273
|
Shapiro v. The Prudential Property and Casualty Co.
Trial court can grant new trial on damages based on plaintiff's motion to correct verdict. |
Insurance |
|
Jun. 25, 1999 | |
|
B107758
|
Harper v. Wausau Insurance Corp.
Third party is intended beneficiary of insurance policy and can sue insurer for medical expenses. |
Insurance |
|
Jun. 25, 1999 | |
|
B116450
|
Spray, Gould & Bowers v. Associated International Insurance Co.
Insurer's failure to notify claimant of time limits pertaining to claim, prevents assertion of contract limitations defense. |
Insurance |
|
Jun. 24, 1999 | |
|
B091546
|
Fireman's Fund Insurance Co. v. Wilshire Film Ventures Inc.
Insurer is entitled to equitable subrogation from third party which breached contract with insured. |
Insurance |
|
Jun. 24, 1999 | |
|
95-16605
|
State Farm Fire and Casualty Co. v. Otto
After settlement release under primary auto policy, insured has uninsured motorist claim under 'umbrella' policy. |
Insurance |
|
Jun. 24, 1999 | |
|
S061699
|
Aydin Corporation v. First State Insurance Co.
Jury instruction requiring insurer to prove nonexistence of policy's 'sudden and accidental' coverage is prejudicial error. |
Insurance |
|
Jun. 23, 1999 | |
|
S052844
|
Buss v. Superior Court (Transamerica Insurance Co.)
Insurer seeking defense costs reimbursement under standard commercial general liability policy has preponderance proof burden. |
Insurance |
|
Jun. 23, 1999 | |
|
B110170
|
Certain Underwriters at Lloyd's of London Designated as Lowsley-Williams and Companies v. Superior Court (Southern California Gas Co.)
Insurer's coverage dispute cannot be resolved without providing policy or secondary evidence of policy terms. |
Insurance |
|
Jun. 23, 1999 | |
|
A076244
|
KPFF Inc. v. California Union Insurance Co.
Pleadings do not constitute written notice to insurer of potential claims under policy's awareness clause. |
Insurance |
|
Jun. 23, 1999 | |
|
D020939
|
County of San Bernardino v. Pacific Indemnity Co.
Insurer must defend county in action for damages caused by landfill and pay all defense costs. |
Insurance |
|
Jun. 23, 1999 | |
|
94-56708
|
Bodell v. Walbrook Insurance Co.
Under California law, professional liability insurance policy covers mail fraud investigation by U.S. Postal Service. |
Insurance |
|
Jun. 22, 1999 | |
|
D022897
|
Eigner v. Worthington
Judgment against insured isn't due to insurer's surprise, mistake or excusable neglect in declining coverage. |
Insurance |
|
Jun. 21, 1999 | |
|
96-2706
|
Coregis Ins. Co., v. Camico Mutual Ins. Co.
Claim based on acts from prior claim is foreseeable in connection with professional liability policy. |
Insurance |
|
Jun. 21, 1999 | |
|
B106165
|
Rosen v. Nations Title Insurance Co.
Title insurer doesn't breach policy by not defending suit if title defect occurs after escrow closes. |
Insurance |
|
Jun. 20, 1999 | |
|
B089803
|
S. Kornreich & Sons Inc. v. Genesis Insurance Co.
Insurer can deny coverage for newly acquired property which is similar to original, covered property. |
Insurance |
|
Jun. 20, 1999 | |
|
96-7724
|
Fremont Indemnity Co. Inc. v. California National Physician's Insurance Co.
Earlier reported claim isn't covered under 'claims made' medical professional liability policy with reporting requirement. |
Insurance |
|
Jun. 18, 1999 | |
|
B099018
|
Zelda Inc. v. Northland Insurance Corp.
Insured cannot trigger duty to defend by speculating about extraneous 'facts' regarding potential liability. |
Insurance |
|
Jun. 18, 1999 | |
|
95-17291
|
National Steel Corp. v. Golden Eagle Insurance Co.
To avoid defending, insurer must show falsity of insured's alleged ignorance of facts showing claim's foreseeability. |
Insurance |
|
Jun. 18, 1999 | |
|
96-35248
|
St. Paul Fire & Marine Insurance Co. v. F.H.
Lack of pending state action and undue delay establishes district court's jurisdiction over declaratory action. |
Insurance |
|
Jun. 17, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com