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Long v. Century Indemnity Company
Where conflict of interest gives insurer duty to provide insured independent counsel, fee dispute between counsel and insurer is subject to arbitration.
Insurance Jun. 19, 2008
Westrec Marina Management Inc. v. Arrowood Indemnity Company
Insurance company's refusal to indemnify is upheld after insured failed to give notice of attorney's demand letter within proper time period.
Insurance Jun. 18, 2008
Roberts v. Assurance Company of America
Summary adjudication is correctly granted for defendants in insurance case where there are no triable issues of fact regarding liability coverage.
Insurance Jun. 18, 2008
Bouton v. USAA Casualty Insurance Co.
Issue of claimant's coverage under uninsured motorist provision is not subject to arbitration under Insurance Code.
Insurance Jun. 11, 2008
Ferguson v. Coregis Insurance Co.
Insurance policy endorsement reducing general liability limit by means of non-existent standard is unenforceable.
Insurance Jun. 4, 2008
Devonwood Condominium Owners Association v. Farmers Insurance Exchange
Lower court judgment must be vacated where it does not conform to appraisal award upon which it is based.
Insurance May 22, 2008
Devonwood Condominium Owners Association v. Farmers Insurance Condominium Owners Association
Lower court judgment must be vacated where it does not conform to appraisal award upon which it is based.
Insurance May 21, 2008
Monticello Insurance Co. v. Essex Insurance Co.
Insurance company owes no duty to defend general contractor where subcontractor's policy does not cover homeowners' claims against additional insured.
Insurance May 20, 2008
James River Insurance Co. v. Schenk
Insurer cannot deny coverage to law firm based on 'fraudulent misrepresentation' where application's request for potential malpractice claims calls for opinion.
Insurance Apr. 28, 2008
Employers Reinsurance Co. v. Superior Court (Thorpe Insulation Co.)
Course of performance evidence is admissible in interpretation of insurance contract only when performance is pursuant to contract, not subsequent settlement agreement.
Insurance Apr. 24, 2008
Great Western Drywall Inc. v. Interstate Fire & Casualty Co.
Trial court correctly determined that insurer owed insured no defense or indemnification in underlying action.
Insurance Apr. 8, 2008
Fogel v. Farmers Group, Inc.
Attorney-in-fact is not immune from lawsuit brought by insurance policyholders seeking to recover alleged excessive fees.
Insurance Apr. 8, 2008
Employers Reinsurance Co. v. Superior Court (Thorpe Insulation Co.)
Course of performance evidence is admissible in interpretation of insurance contract only when performance is pursuant to contract, not subsequent settlement agreement.
Insurance Apr. 7, 2008
Lyons v. Fire Insurance Exchange
Insurer has no duty to defend where insured's alleged sexual advances, at heart of underlying claim, cannot be deemed 'accident.'
Insurance Apr. 7, 2008
Progressive Casualty Insurance Co. v. Owen
Insurer is entitled to summary judgment absent evidence that injured director was driving truck as temporary substitute for vehicle named in policy.
Insurance Mar. 27, 2008
Manzarek v. St. Paul Fire & Marine Insurance Co.
Insurer's motion to dismiss is improperly granted where allegations in underlying complaint raise potential for coverage under policy.
Insurance Mar. 26, 2008
Qualcomm Inc. v. Certain Underwriters at Lloyd's London
Settlement with primary insurer for amount below policy limit does not exhaust coverage for purposes of triggering underwriters' excess coverage obligation.
Insurance Mar. 26, 2008
James River Insurance Co. v. Schenk
Insurer cannot deny coverage to law firm based on 'fraudulent misrepresentation' where application's request for potential malpractice claims calls for opinion.
Insurance Mar. 19, 2008
Fogel v. Farmers Group Inc.
Attorney-in-fact is not immune from lawsuit brought by insurance policyholders seeking to recover alleged excessive fees.
Insurance Mar. 19, 2008
Wedemeyer v. Safeco Insurance Co. of America
Where exhaustion rule applies only to automobile liability policies, defendant is required to pay additional costs under underinsured motorist coverage.
Insurance Mar. 14, 2008
American Casualty Co. v. Miller
Where pollution exclusion clause excludes coverage for environmental pollution event, there is no coverage for injuries resulting from pollution.
Insurance Jan. 31, 2008
Cornhusker Casualty Insurance Co. v. Kachman
Issue of whether cancellation notice sent by certified mail satisfies notice requirement if never received by insured is certified to state supreme court.
Insurance Jan. 31, 2008
Hailey v. California Physicians' Service
Where health services plan’s rescission of contract for misrepresentation or omission is based on disputed facts, grant of summary judgment is improper.
Insurance Jan. 24, 2008
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Jan. 17, 2008
Bruyn v. Superior Court (Farmers Group Inc.)
Insurer can provide coverage for some, but not all, manifestations of peril, as long as policy is clear which perils are and are not covered.
Insurance Jan. 16, 2008
Crowley Maritime Corp. v. Boston Old Colony Insurance Co.
Insurer seeking recovery against co-insurers of its insured under theory of equitable contribution is not bound by insured’s contractual obligations to co-insurers.
Insurance Jan. 14, 2008
Edo v. GEICO Casualty Co.
Insurance company is not liable for increased premium where it would offer same rate without taking applicant's credit score into account.
Insurance Jan. 10, 2008
Willes v. State Farm Fire and Casualty Co.
To determine whether first-time insurance rate is unfair, court compares rate applicant would have received had company not taken credit score into account.
Insurance Jan. 10, 2008
Spano v. Safeco. Corp.
Insurer cannot be held liable for 'willful violation' of Fair Credit Reporting Act where misreading of its requirements was not reckless.
Insurance Jan. 10, 2008
Belz v. Clarendon America Insurance Co.
Where default judgment results from lack of notice by insured, insurer is liable on judgment unless it suffered actual, substantial prejudice.
Insurance Jan. 2, 2008