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Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated. 		Insurance 4DCA/3 May 10, 2019
Ingenco Holdings v. Ace Amer. Ins. Co.
If an insured violates a condition precedent in a policy agreement, an insurer nonetheless may not deny coverage under the policy absent prejudice. 		Insurance 9th Apr. 16, 2019
Western Heritage Insurance Co. v. Frances Todd, Inc.
Generally, subrogation is not permitted when the policy is intended by the parties to the lease to benefit the lessee. 		Insurance 1DCA/5 Apr. 4, 2019
Komorsky v. Farmers Insurance Exchange
Insurance Code Section 11580.2(a)(1) expressly excludes umbrella automobile insurance policies, and a policy's plain language, not the language of an underlying policy, determines who shall be paid benefits. 		Insurance 2DCA/4 Apr. 3, 2019
Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.
A collateral agreement materially modifying the dispute resolution terms of an insurance policy must be submitted along with the policy for regulatory approval under Insurance Code Section 11658. 		Insurance 6DCA Apr. 1, 2019
Modification: Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Mar. 28, 2019
Insurance Co. of the State of Pennsylvania v. American Safety Indemnity Co.
Because judgment was secured against the insured 'in an action based upon... property damage,' the judgment creditor plaintiff may 'recover on the judgment' under Insurance Code Section 11580. 		Insurance 2DCA/8 Mar. 4, 2019
Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Feb. 27, 2019
Westport Insurance v. California Casualty Management
California Government Code Section 825.4 did not preclude primary insurer's claim because it does not contain a blanket ban on an employee's insurer contributing to the employee's defense and settlement costs. 		Insurance 9th Feb. 21, 2019
Luxor Cabs, Inc. v. Applied Underwriters Captive Risk
An insurer cannot circumvent the comprehensive regulatory structure applicable to the issuance of workers' compensation insurance simply by amending its approved policy forms through a side agreement with a subsidiary. 		Insurance 1DCA/4 Jan. 7, 2019
People v. Hamilton
Appellant's convictions under Insurance Code Section 1871.4(a)(1) not supported by substantial evidence because that statute covers California workers' compensation laws, not federal employees of U.S. Postal Service. 		Insurance 4DCA/1 Dec. 26, 2018
Case v. State Farm Mutual Automobile Ins. Co., Inc.
Under a bad faith claim, an insurer's denial of or delay in paying benefits gives rise to tort damages only if the insured shows the denial or delay was unreasonable. 		Insurance 2DCA/4 Dec. 20, 2018
Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc.
Insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation; thus judgment on the pleadings was proper. 		Insurance 3DCA Dec. 4, 2018
Modification: Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Nov. 19, 2018
Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Oct. 18, 2018
Jones v. IDS Property Casualty Insurance Co.
Insurance company's per-person limit was properly applied to limit payout of damages, though separate damages had been awarded to spouse for loss of consortium, as latter arises from 'bodily injury to...spouse who can no longer perform.' 		Insurance 3DCA Sep. 27, 2018
PacifiCare Life & Health Ins. Co. v. Jones
Insurance Commissioner's regulation defining 'unfair claims settlement practice' by including 'a single violation knowingly committed' was consistent with Insurance Code Section 790.03(h). 		Insurance 4DCA/3 Sep. 24, 2018
Villanueva v. Fidelity National Title Company
Plaintiffs' class action was barred by Insurance Code Section 12414.26 because its theories related to ratemaking; thus Insurance Commissioner has exclusive original jurisdiction over Plaintiffs' claims. 		Insurance 6DCA Sep. 11, 2018
Modification: Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.
California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful. 		Insurance CASC Jul. 27, 2018
Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.
California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful. 		Insurance CASC Jun. 5, 2018
Albert v. Truck Insurance Exchange
Umbrella policy’s personal injury provision that provides coverage for ‘invasion of the right of private occupancy’ covers ‘non-physical invasions of rights in real property.’ 		Insurance 2DCA/7 May 17, 2018
Dowdy v. Metropolitan Life Insurance Co.
Under ERISA, evidence must show clearly that preexisting condition was substantial cause of insured's loss before that preexisting condition can justify denial of coverage. 		Insurance 9th May 17, 2018
Heckart v. A-1 Self Storage
Where storage provider's agreement to indemnify customer is incidental to principal object of parties' agreement, it is outside scope of insurance regulations. 		Insurance 4DCA/1 Apr. 24, 2018
Centex Homes v. St. Paul Fire and Marine Insurance Co.
Summary judgment upheld where insured fails to show triable issue of fact as to whether conflict of issue arose with counsel provided by insurer. 		Insurance 3DCA Jan. 23, 2018
Admiral Ins. Co. v. Superior Court
The plain meaning of a 'prior notice' provision in a business' insurance policy applies even if the policy form was designed for a different industry. 		Insurance 4DCA/1 Dec. 13, 2017
Citizens of Humanity v. Applied Underwriters
In context of insurance policy agreement, federal McCarron-Ferguson Act operates to allow state law to reverse-preempt FAA and preclude mandatory arbitration. 		Insurance 2DCA/2 Nov. 27, 2017
McMillin Management Services, L.P. et al. v. Financial Pacific Insurance Company et al.
An insurance company has a duty to defend a third party's lawsuit if facts in the complaint suggest a claim covered by the policy. 		Insurance 4DCA/1 Nov. 15, 2017
The Traveler's Property Casualty Co. of America v. Actavis Inc.
Insurer has no duty to defend lawsuits filed by California counties against pharmaceutical companies accused of deceptive and fraudulent marketing of opioids. 		Insurance 4DCA/3 Nov. 8, 2017
State of California v. Continental Insurance Company
Damages are certain where ‘allocation of indemnity… turns exclusively on legal issues.’ 		Insurance 4DCA/2 Oct. 2, 2017
Salyers v. Metropolitan Life Insurance Co.
Widow entitled to higher dependent life insurance coverage she had been paying where insurer and agent’s actions constituted waiver of evidence of insurability requirement. 		Insurance 9th Sep. 21, 2017
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