| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 S061699 
 | 
Aydin Corp. v. First State Insurance Co.
 Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.'  | 
Insurance | 
 | 
Mar. 12, 1999 | |
| 
 D028511 
 | 
Smith Kandal Real Estate v. Continental Casualty Co.
 Insurer must defend broker who represented buyer and seller, where policy only excluded selling agent.  | 
Insurance | 
 | 
Mar. 12, 1999 | |
| 
 96-56252 and 96-56789 
 | 
Cigna Property and Casualty Insurance Co. v. Polaris Pictures Corp.
 Failure to disclose material fact of principal's claim history warrants rescission of marine insurance policy.  | 
Insurance | 
 | 
Mar. 12, 1999 | |
| 
 B110711 
 | 
Quan v. Truck Insurance Exchange
 Complaint alleging sexual attack involves non-accidental conduct that doesn't create potential for coverage.  | 
Insurance | 
 | 
Mar. 11, 1999 | |
| 
 B119313 
 | 
Peters v. Firemen's Insurance Co. of Newark, New Jersey
 Boat insurance policy doesn't cover suit for alleged transmission of herpes while on yacht.  | 
Insurance | 
 | 
Mar. 11, 1999 | |
| 
 94-1999 
 | 
Seagate Technology Inc. v. St. Paul Fire and Marine Insurance Co.
 Placement of defective hard drive into buyer's computers isn't physical harm for coverage purposes.  | 
Insurance | 
 | 
Mar. 11, 1999 | |
| 
 S067462 
 | 
Mercury Insurance Group v. Superior Court (Wooster)
 Trial court has authority to join insurer as defendant with regard to uninsured motorist coverage issues.  | 
Insurance | 
 | 
Mar. 11, 1999 | |
| 
 97-2226 and 97-2232 
 | 
Woodworker's  Supply Inc. v. Principal Mutual Life Insurance Company
 ERISA doesn't preempt an insured's pre-plan fraud claims against its insurer.  | 
Insurance | 
 | 
Mar. 11, 1999 | |
| 
 S072547 
 | 
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. 11, 1999 | |
| 
 97-4142 
 | 
Jones v. The Kodak Medical Assistance Plan
 A plan administrator's conflict of interest must be proven by insured before challenge to denial of benefits can be made.  | 
Insurance | 
 | 
Mar. 5, 1999 | |
| 
 B119221 
 | 
Goodson v. Perfect Fit Enterprises, Inc.
 Uninsured vehicle driven by insured driver is in compliance with financial responsibility laws.  | 
Insurance | 
 | 
Mar. 2, 1999 | |
| 
 A081858 
 | 
New Hampshire Insurance Co. v. Ridout Roofing Company Inc.
 Insurers given the discretion to settle claims are entitled to reimbursement of deductible.  | 
Insurance | 
 | 
Mar. 1, 1999 | |
| 
 D027060 
 | 
San Diego Housing Commission v. Industrial Company
 Insurer not liable to city housing authority for construction defects absent third party claims against city.  | 
Insurance | 
 | 
Mar. 1, 1999 | |
| 
 B121554 
 | 
Honsickle v. Superior Court (Wysocki)
 No 'attempt to purchase' exception to statute prohibiting recovery of non-economic damage by uninsured motorists.  | 
Insurance | 
 | 
Feb. 26, 1999 | |
| 
 A080638 
 | 
Acceptance Insurance Company v. Syufy Enterprises
 Personal injury action by contractor's employee is covered by 'additional insured' endorsement of building owner's policy.  | 
Insurance | 
 | 
Feb. 26, 1999 | |
| 
 B108694 
 | 
Wausau Underwriters Insurance Company v. Unigard Security Insurance Company
 Where there are multiple insurers, each insurer's duty to defend must be assessed independently.  | 
Insurance | 
 | 
Feb. 21, 1999 | |
| 
 D027060 
 | 
San Diego Housing Commission v. Industrial Indemnity Co.
 Insurer not liable to city housing authority for construction defects absent third party claims against city.  | 
Insurance | 
 | 
Feb. 21, 1999 | |
| 
 S075201 
 | 
Nguyen v. 20th Century Insurance Co.
 Demurrer based on statute of limitations must be overruled if complaint doesn't shows when period began to run.  | 
Insurance | 
 | 
Feb. 19, 1999 | |
| 
 B114533 
 | 
Foothill Village Homeowners Association v. Bishop
 Lenders can't get proceeds from earthquake insurance if they didn't require such insurance for loans.  | 
Insurance | 
 | 
Feb. 19, 1999 | |
| 
 B116535 
 | 
TIG Insurance Company v. Lange
 Insurance company's notice of termination to brokers isn't sufficient to justify application of promissory estoppel.  | 
Insurance | 
 | 
Feb. 18, 1999 | |
| 
 A081858 
 | 
New Hampshire Insurance Co. v. Ridout Roofing Co.
 Insurers given the discretion to settle claims are entitled to reimbursement of deductible.  | 
Insurance | 
 | 
Feb. 18, 1999 | |
| 
 98-0177 
 | 
Munzer v. Feola
 Insurer has no duty to defend or indemnify insured where insured breaches the cooperation clause in policy.  | 
Insurance | 
 | 
Jan. 29, 1999 | |
| 
 95-6352 
 | 
Burch v. Allstate Insurance Company
 Order  | 
Insurance | 
 | 
Jan. 19, 1999 | |
| 
 97-5127 
 | 
Lawrence v. State Farm Fire and Casualty Company
 Order  | 
Insurance | 
 | 
Jan. 19, 1999 | |
| 
 97-6425 
 | 
Bryan v. Office of Personnel Management
 Court lacks jurisdiction to award money damages where government hasn't consented to monetary judgment.  | 
Insurance | 
 | 
Jan. 15, 1999 | |
| 
 97-0030 
 | 
Enyart v. Transamerica Insurance Company
 Insured entitled to sue for expectation damages where company fails to provide backup annuity policy as promised.  | 
Insurance | 
 | 
Jan. 6, 1999 | |
| 
 97CA0826 
 | 
McKelvy v. Liberty Mutual Insurance Company
 Claim for bad faith breach of insurance contract must be redressed in context of provisions of worker's compensation statutes.  | 
Insurance | 
 | 
Dec. 24, 1998 | |
| 
 97CA1033 
 | 
Duyke v. Country Casualty Insurance Company
 Passenger in uninsured automobile not entitled to PIP coverage under driver's policy.  | 
Insurance | 
 | 
Dec. 10, 1998 | |
| 
 96-2212 
 | 
City of Hobbs v. Hartford Fire Insurance Company
 Insurer acts in bad faith by placing its interests above the insured by not trying to negotiate settlement.  | 
Insurance | 
 | 
Dec. 9, 1998 | |
| 
 97-0464 
 | 
Western Agricultural Insurance Co. v. Brown
 Victims' survivors of insured's act of murder aren't entitled to recover under insured's policy.  | 
Insurance | 
 | 
Dec. 9, 1998 | 
