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Wilson v. Federated Service Insurance Company
Order
Insurance Apr. 2, 1999
Proposition 103 Enforcement Project v. Quackenbush
Statute granting credits to automobile insurers when calculating rate rollback obligations violates Proposition 103.
Insurance Apr. 2, 1999
Panda Management Company v. Wausau Underwriters Insurance Co.
Total pollution exclusion bars coverage of claim arising from accidental discharge of sewage.
Insurance Apr. 2, 1999
Proposition 103 Enforcement Project v. Quackenbush
Statute granting credits to automobile insurers when calculating rate rollback obligations violates Proposition 103.
Insurance Apr. 2, 1999
Federal Trade Commission v. MTK Marketing Inc.
Federal Trade Commission is 'person' entitled to collect on surety bond under California Telephone Sellers Act.
Insurance Apr. 2, 1999
Santangelo v. Allstate Insurance Co.
New law requiring completion of uninsured motorist arbitrations within five years applies to pending demand.
Insurance Apr. 2, 1999
First Marine Insurance Company v. Gibbs
Order
Insurance Apr. 1, 1999
State Farm Mutual Automobile Insurance Company v. Sloan
Order
Insurance Apr. 1, 1999
City of Los Angeles v. Amwest Surety Insurance Co.
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default.
Insurance Apr. 1, 1999
Kiernan v. Zurich Companies
Admiralty law doesn't bar direct action by judgment creditor against debtor's marine insurer.
Insurance Apr. 1, 1999
American Motorist Insurance Co. v. Superior Court (Montrose Chemical Corporation of California)
No jury trial right when initial determination of equitable claim makes legal claim moot.
Insurance Apr. 1, 1999
California Pacific Homes Inc. v. Scottsdale Insurance Company
'Qualified time on the risk' method of allocation between multiple insurance providers is proper in cases of progressive property damage.
Insurance Mar. 31, 1999
Foster-Gardner Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Administrative pollution cleanup order isn't a 'suit' and needn't be defended by general liability insurer.
Insurance Mar. 30, 1999
Foster-Gardner, Inc. v. National Union Fire Ins. Co.
Administrative pollution cleanup order isn't a 'suit' and needn't be defended by general liability insurer.
Insurance Mar. 30, 1999
Fireman's Fund Insurance Co. v. Maryland Casualty Co.
Equitable contribution between co-insurers on same risk is independent of action based on equitable subrogation.
Insurance Mar. 30, 1999
Bast v. Prudential Insurance Co. of America
Employee Retirement Income Security Act pre-empts state law claims involving denial of health benefits.
Insurance Mar. 30, 1999
Vikco Insurance Services Inc. v. Ohio Indemnity Company
Statute requiring 120 days notice of termination doesn't apply when written contract contains clause to the contrary.
Insurance Mar. 29, 1999
Agricultural Insurance Co. v. Superior Court (MKDG/Rhodes SC Partnership)
Insurer can only sue insured for breach of covenant of good faith and fair dealing under contract law and not torts.
Insurance Mar. 29, 1999
Bills v. Arizona Property and Casualty Insurance Guaranty Fund
The handling of covered claims by the Arizona Property & Casualty Insurance Guaranty Fund doesn't subject it to tort liability.
Insurance Mar. 29, 1999
Economic Empowerment Foundation v. Quackenbush (State Farm Fire and Casualty Co.)
Statute allowing early review of rate orders doesn't commence limitations period before orders are final.
Insurance Mar. 29, 1999
Solomon v. North American Life and Casualty Insurance Co.
Insurer's termination letter naming wrong group insurance trust binds insured and trust if they receive actual notice.
Insurance Mar. 29, 1999
City of Los Angeles v. Amwest Surety Insurance Company
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default.
Insurance Mar. 26, 1999
Santangelo v. Allstate Insurance Company
New law requiring completion of uninsured motorist arbitrations within five years applies to pending demand.
Insurance Mar. 26, 1999
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.'
Insurance Mar. 26, 1999
Old Republic Insurance Co. v. Superior Court (Nautilus Insurance Co.)
Insurers that never had coverage obligations don't owe contribution to co-insurer that made payments.
Insurance Mar. 26, 1999
Farmers Insurance Company of Arizona v. Young
The "other vehicle" exclusion in an owner's insurance policy excludes coverage where vehicle isn't specifically identified.
Insurance Mar. 24, 1999
Quelimane Co. v. Stewart Title Guaranty Co.
Plaintiffs may sue title insurers under unfair competition statutes for alleged refusal to insure.
Insurance Mar. 24, 1999
Quelimane Company, Inc. v. Stewart Title Guaranty Co.
Plaintiff may sue title insurers under unfair competition statutes for alleged refusal to insure.
Insurance Mar. 24, 1999
McHugh v. United Service Automobile Assn.
Insured under flood insurance policy may have reasonable expectation that incident was a covered 'mudslide.'
Insurance Mar. 22, 1999
Dishman v. UNUM Life Insurance Co. of America
Disability insurer's decision to suspend payments is pretextual and made in bad faith.
Insurance Mar. 22, 1999