Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A140453
|
Alterra Excess & Surplus v. Estate of Buckminster Fuller
Intellectual property rights exclusion in insurance policy bars coverage of right of publicity claims. |
Insurance |
|
Mar. 10, 2015 | |
B250129
|
DuBeck v. California Physicians’ Service
Blue Shield’s delayed assertion of its right to rescind constituted a waiver of its rights to do so. |
Insurance |
|
Mar. 5, 2015 | |
H039368
|
Gonzalez v. Fire Insurance Exchange
Refusal to defend insured, though plaintiff’s complaint and policy’s express coverage had some overlap, may have been breach of contract. |
Insurance |
|
Mar. 4, 2015 | |
E058324
|
Windsor Food Quality Co. Ltd. v. The Underwriters of Lloyds of London
Food manufacturer cannot file insurance claim based on USDA recall of supplier’s allegedly contaminated beef product. |
Insurance |
|
Mar. 3, 2015 | |
12-17119
|
Harrington v. EquiTrust Life Ins. Co.
Affirmative misrepresentation, or non-disclosure coupled with independent duty, required for racketeering suit to reach trial. |
Insurance |
|
Feb. 24, 2015 | |
D063586
|
McMillin Companies LLC v. American Safety Indemnity Co.
Denial of insurer’s summary judgment motion on duty to defend for failure to meet initial burden does not necessarily establish such duty. |
Insurance |
|
Jan. 23, 2015 | |
C071210
|
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim. |
Insurance |
|
Jan. 22, 2015 | |
A135938
|
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs. |
Insurance |
|
Dec. 19, 2014 | |
A135938
|
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs. |
Insurance |
|
Nov. 25, 2014 | |
C072129
|
Elliott v. Geico Indemnity Co.
Insurer is not required to pay insured any benefits under underinsured motorist provision, when insured already recovered more than policy limit from third-party tortfeasor. |
Insurance |
|
Nov. 19, 2014 | |
12-55351
|
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began. |
Insurance |
|
Nov. 16, 2014 | |
D061956
|
Graciano v. Mercury General Corp.
Insurer does not wrongfully refuse to settle third party’s car accident claim, when third party’s attorney misidentified insured and his policy number. |
Insurance |
|
Nov. 13, 2014 | |
B250089
|
RNT Holdings LLC v. United General Title Insurance Co.
Insured fails to allege claim for breach of insurance contract because subsequent reconveyance of mortgage effectively relieved insurer of liability under policy. |
Insurance |
|
Oct. 28, 2014 | |
A139263
|
Snyder v. California Insurance Guarantee Association
Statute of limitations does not bar action against California Insurance Guarantee Association for declaration of obligations, if insured has not yet acquired covered claim. |
Insurance |
|
Oct. 8, 2014 | |
B251201
|
Baek v. Continental Casualty Co.
Insurer has no duty to defend massage therapist under employer’s policy for alleged sexual assault, which took place during massage at workplace. |
Insurance |
|
Oct. 6, 2014 | |
A137268
|
Ellena v. Dept. of Insurance
Employee who was denied disability benefits may sue Dept. of Insurance on allegations that Commissioner failed to review policy to ensure compliance with law. |
Insurance |
|
Oct. 1, 2014 | |
G049132
|
Mercury Casualty Co. v. Chu
Insurer may not exclude coverage for roommate's judgment against insured driver under 'resident exclusion' because they were not household family members. |
Insurance |
|
Sep. 24, 2014 | |
C071416
|
Scottsdale Insurance Co. v. National Continental Insurance Co.
When two valid policies apply to same vehicle involved in crash, policy describing vehicle is primary policy, while other policy is excess. |
Insurance |
|
Sep. 17, 2014 | |
B252830
|
Jon Davler Inc. v. Arch Insurance Co.
Insurer may deny coverage to company based on employment-related practices exclusion, including claim that supervisor falsely imprisoned her employees. |
Insurance |
|
Sep. 15, 2014 | |
A137645
|
Douglas v. Fidelity National Insurance Co.
Insurer may present evidence that another company acted as broker in support of defense that misrepresentations were made on insurance application. |
Insurance |
|
Sep. 2, 2014 | |
12-55784
|
Encompass Insurance Co. v. Coast National Insurance Co.
Insurance companies may not refuse to provide defense to insured because unloading injured passenger from motor vehicle constitutes 'use' of that vehicle. |
Insurance |
|
Aug. 13, 2014 | |
12-17195
|
Interstate Fire & Casualty Co. Inc. v. Roman Catholic Church of the Diocese of Phoenix
Insurer need not indemnify Catholic Church diocese that settled alleged sexual abuse cases where policy’s assault and battery exclusion precludes coverage for ‘any insured.’ |
Insurance |
|
Jul. 30, 2014 | |
B249271
|
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. |
Insurance |
|
Jul. 22, 2014 | |
G048399
|
Upasani v. State Farm General Insurance Co.
State Farm does not need to defend or indemnify policyholders who were sued for conspiring to abduct infant, because lawsuit did not involve ‘accidental conduct.’ |
Insurance |
|
Jun. 29, 2014 | |
B249271
|
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. |
Insurance |
|
Jun. 29, 2014 | |
B245961
|
Regional Steel Corp. v. Liberty Surplus Insurance Corp.
Insurance company does not have to defend subcontractor, because alleged damages occurred outside of policy’s effective period and did not involve property damage. |
Insurance |
|
Jun. 16, 2014 | |
S207172
|
Hartford Casualty Insurance Co. v. Swift Distribution Inc.
Insurer has no duty to defend insured under policy covering ‘personal and advertising injury’ where lawsuit did not involve disparagement of other company's product. |
Insurance |
|
Jun. 13, 2014 | |
12-56248
|
ReadyLink Healthcare Inc. v. State Compensation Insurance Fund
Federal court incorrectly abstains from deciding claim that IRS regulations preempted California Dept. of Insurance’s decision regarding premium calculation. |
Insurance |
|
Jun. 13, 2014 | |
12-55351
|
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began. |
Insurance |
|
Jun. 11, 2014 | |
11-56304
|
Pyramid Technologies Inc. v. Hartford Casualty Insurance Co.
In insurance coverage dispute, district court improperly excludes expert witness reports that would have helped determine whether warehouse flooding caused damages. |
Insurance |
|
May 20, 2014 |