| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S066366
|
Providence Washington Ins. Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances as facts. |
Insurance |
|
May 27, 1999 | |
|
A078530
|
Quackenbush v. Superior Court of San Francisco County (Congress of California Seniors)
Injunction against expenditure of state funds to implement Proposition 213, restricting damage recovery, is invalid. |
Insurance |
|
May 27, 1999 | |
|
B101733
|
Maxwell v. Fire Insurance Exchange
Emotional distress damages cannot be recovered in third-party bad faith claim without economic loss. |
Insurance |
|
May 27, 1999 | |
|
D023663
|
Karl v. Commonwealth Land Title Insurance Co.
Title insurance policy loss is determined by fair market value of property at time of foreclosure. |
Insurance |
|
May 26, 1999 | |
|
A078353
|
John Hancock Mutual Life Insurance Co. v. Greer
Disability policy's incontestability clause bars insurer's recission action based on alleged misrepresentations by insured. |
Insurance |
|
May 26, 1999 | |
|
E016260
|
Pelkey v. Allstate Insurance Company
Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer. |
Insurance |
|
May 25, 1999 | |
|
B111013
|
Diediker v. Peelle Financial Corporation
Under federal statute, trustee isn't required to notify IRS, which had lien, of foreclosure sale. |
Insurance |
|
May 25, 1999 | |
|
B109505
|
Quackenbush v. Mission Insurance Co.
Permitting submission of estimated claims doesn't force estimated payment of incurred liability. |
Insurance |
|
May 25, 1999 | |
|
B107786
|
Cheeks v. California Fair Plan Association
'Actual cash value' as used in policy means 'fair market value,' not replacement cost minus depreciation. |
Insurance |
|
May 21, 1999 | |
|
G016540
|
Barbara B. v. Horace Mann Insurance Co.
Insurer isn't obligated to indemnify insured for judgment of more than $500,000 arising from civil action. |
Insurance |
|
May 21, 1999 | |
|
D024037
|
Tinseltown Video Inc. v. Transportation Insurance Co.
Insurer doesn't have duty to defend suit for trespass by wrongful acquisition of partnership assets. |
Insurance |
|
May 21, 1999 | |
|
F026258
|
Alaniz v. Simpson
Insurer owes no duty to applicant's potential victims once applicant is notified he is uninsured. |
Insurance |
|
May 21, 1999 | |
|
B104618
|
Nissel v. The Subscribing Underwriters at Lloyd's of London
No coverage under jeweler's block policy for theft of jewels from salesperson's unattended vehicle. |
Insurance |
|
May 21, 1999 | |
|
B113652
|
Standun Inc. v. Fireman's Fund Insurance Co.
Property damage liability claims involving purposeful, long-term, regular waste disposal are barred by pollution exclusion. |
Insurance |
|
May 21, 1999 | |
|
B107856
|
Panda Management Co. v. Wausau Underwriters Insurance Co.
Total pollution exclusion bars coverage of claim arising from accidental discharge of sewage. |
Insurance |
|
May 20, 1999 | |
|
B107899
|
Montgomery v. Cal Accountants Mutual Insurance Co.
In action by partner against accounting firm, summary judgment in favor of insurer is proper. |
Insurance |
|
May 20, 1999 | |
|
G017832
|
Pepperell v. Scottsdale Insurance Co.
Liability insurer has duty to defend construction defect suit under "continuous injury" trigger of coverage. |
Insurance |
|
May 20, 1999 | |
|
B114718
|
Washington International Insurance Co. v. Superior Court (G.K. Backlund Inc.)
Surety on public works payment bond must pay interest penalty imposed under Public Contract Code. |
Insurance |
|
May 20, 1999 | |
|
E021505
|
Erickson v. Aetna Health Plans of California, Inc.
Arbitration clause in health care manual is binding under general principles of contract law in California. |
Insurance |
|
May 20, 1999 | |
|
G019626
|
Farmers Insurance Exchange v. Smith
Although injured policyholder receives payments from insurer and tortfeasor, his attorney can't be forced by insurer to act as a collection agent. |
Insurance |
|
May 20, 1999 | |
|
A084765
|
Safeco Insurance Co. of America v. Superior Court (McKinney)
Insurer defending action is not bound by stipulated judgment entered into without insurer's consent. |
Insurance |
|
May 20, 1999 | |
|
98-0331
|
GRE Insurance Group v. Green
Injured party in car accident can't collect twice the insurance policy's per-person limit for one accident, after already recovering from negligent driver and own of car. |
Insurance |
|
May 18, 1999 | |
|
B105826
|
Alvarez v. Coregis Insurance Corp.
Employee of insured is additional insured entitled to defense against insured's suit charging embezzlement. |
Insurance |
|
May 17, 1999 | |
|
96-35813
|
Ace v. Aetna Life Insurance Co.
Under Alaska law, health insurer's bad faith actions in denying disability claim warranted punitive damages. |
Insurance |
|
May 10, 1999 | |
|
96-35379
|
Interstate Fire & Casualty Co. v. Underwriters at Lloyd's London
Primary insurer cannot adopt inconsistent position in subsequent litigation with an excess insurer. |
Insurance |
|
May 10, 1999 | |
|
B112554
|
Tamrac Inc. v. California Insurance Guarantee Association
Development in case law validates guarantee association's position that it had no obligation to defend. |
Insurance |
|
May 10, 1999 | |
|
B088559
|
Mosier v. Southern California Physicians Insurance Exchange
Insurer voluntarily defending non-insured owes same defense-related duties it would owe a policyholder. |
Insurance |
|
May 10, 1999 | |
|
D025298
|
20th Century Insurance Co. v. Stewart
Policyholder can't reasonably expect coverage for injuries caused by intentional firing of partially loaded gun. |
Insurance |
|
May 6, 1999 | |
|
H017397
|
Travelers Casualty and Surety Co. v. Superior Court (Lockheed Martin Corp.)
Secondary evidence, including policy excerpts, is sufficient proof of relevant terms and conditions of insurance policies. |
Insurance |
|
May 6, 1999 | |
|
B118385
|
Shaolian v. Safeco Insurance Company
Obligation to pay third-party claimant medical or funeral expenses under homeowners insurance policy is conditioned on insureds' being found at fault. |
Insurance |
|
May 6, 1999 |
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