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Global Modular Inc. v. Kadena Pacific Inc.
Improper offset of jury’s award by amount paid in settlement agreement results in partial reversal in insurance coverage dispute.
Insurance 4DCA/2 Sep. 12, 2017
Modification: Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy.
Insurance 2DCA/3 Sep. 11, 2017
Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy.
Insurance 2DCA/3 Sep. 5, 2017
Pulte Home Corp. v. American Safety Indemnity Co.
In insurance defense dispute, insurer unsuccessful in challenging adverse substantive rulings but wins reversal of punitive damages and attorney fee award under ‘Brandt v. Superior Court.’
Insurance 4DCA/1 Aug. 31, 2017
Mercury Casualty Co. v. City of Pasadena
City of Pasadena not liable under inverse condemnation theory for damage caused to homeowner’s property by fallen tree during 2011 wind storm.
Insurance 2DCA/3 Aug. 28, 2017
Riddell Inc. v. Superior Court (Ace American Insurance Co.)
In dispute over insurance coverage for products liability action, football helmet manufacturers win partial victory in discovery dispute with insurers.
Insurance 2DCA/7 Aug. 25, 2017
Hovannisian v. First American Title Insurance Co.
Purchasers of foreclosed property who later discover first deed of trust on property unsuccessful in challenging favorable ruling in title insurance company’s favor.
Insurance 5DCA Aug. 15, 2017
Energy Ins. Mutual Ltd. v. Ace American Ins. Co.
Insured covered for ‘ordinary acts of negligence resulting in bodily injuries’ unless a professional liability exclusion ‘conspicuously, plainly and clearly’ provides that ‘acts of professional negligence will not be covered.’
Insurance 1DCA/4 Aug. 14, 2017
Duarte v. Pacific Specialty Insurance Co.
Insured successful in overturning ruling in insurer’s favor, where insurer fails to prove rescission defense.
Insurance California Courts of Appeal Jul. 3, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value.
Insurance Jun. 15, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value.
Insurance May 31, 2017
Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan
California statute rendering insurance plans giving administrators discretion to determine benefit eligibility void not preempted by federal Employee Retirement Income Security Act.
Insurance May 12, 2017
Stein v. Axis Insurance Co.
Demurrer improperly sustained in favor of insurer where willful misconduct exception from coverage did not apply to insured's tender of defense expenses.
Insurance Apr. 10, 2017
Mercury Casualty Insurance Co. v. Jones
Insurance company unsuccessful in challenging Insurance Commissioner's decision rejecting its application for an increase on its homeowners' insurance rates.
Insurance Feb. 14, 2017
Medina v. GEICO Indemnity Co.
Summary judgment properly granted in insurance company's favor, where employee's personal automobile policy does not cover 'non-owned' van furnished by her employer for her regular use.
Insurance Feb. 9, 2017
Association of California Insurance Companies v. Jones
Insurance Commissioner has authority to promulgate regulation covering incomplete replacement cost estimates for homeowners insurance, resulting in reversal of judgment invalidating regulation.
Insurance Jan. 23, 2017
Navigators Specialty Insurance Co. v. Moorefield Construction Inc.
Insured not required to pay portion paid by insured toward settlement that is attributable to attorney fees, costs of suit under supplementary payments provision.
Insurance Dec. 28, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured.
Insurance Dec. 20, 2016
Advent Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Summary judgment properly granted in favor of subcontractor's excess insurance carrier, where contractor's excess insurance carrier fails to show worker's injuries caused by subcontractor.
Insurance Dec. 6, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured.
Insurance Nov. 29, 2016
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio.
Insurance Nov. 6, 2016
Liberty Surplus Insurance v. Ledesma and Meyer Construction
Whether there is an 'occurrence' under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party.
Insurance Oct. 20, 2016
Attorneys Liability Protection Society Inc. v. Ingaldson Fitzgerald P.C.
Alaskan statute regulating risk retention groups preempted by Liability Risk Retention Act, thus permitting insurance company recovery of fees expended in defending non-covered claim.
Insurance Sep. 25, 2016
Mills v. AAA Northern California, Nevada and Utah Insurance Exchange
Insurance company's cancellation of policy before accident occurred is lawful, resulting in affirmance of summary judgment in its favor in case challenging denial of coverage.
Insurance Sep. 20, 2016
People ex rel. Allstate Insurance Co. v. Dahan
In qui tam action for insurance fraud, judgment-debtor defendants lack standing to challenge post-judgment order allocating judgment amount between prevailing plaintiffs.
Insurance Sep. 18, 2016
Demer v. IBM Corp LTD Plan
Insurer MetLife abused discretion by denying long term disability benefits to insured based on reviews conducted by independent physician consultants who only reviewed insured's medical files.
Insurance Aug. 28, 2016
Barickman v. Mercury Casualty Co.
Insurer breaches duty of good faith and fair dealing by unreasonably refusing to settle action due to its misunderstanding of clause concerning court-ordered restitution.
Insurance Aug. 17, 2016
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer.
Insurance Aug. 8, 2016
Baldwin v. AAA Northern California et al.
Insured unsuccessful in overturning dismissal of complaint against insurance company where clear policy language permitted insurance company to repair vehicle rather than pay value of loss.
Insurance Jul. 15, 2016
Equity Income Partners LP v. Chicago Title Insurance Company
Order
Insurance Jul. 13, 2016