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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 Dec. 27, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Dec. 20, 2007
Stellar v. State Farm General Insurance Co.
Insurer owes no duty to defend its insured in defamation action when insured's allegedly defamatory statements were not accidental or negligent.
Insurance Dec. 19, 2007
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 Dec. 18, 2007
The Boeing Co. v. Continental Casualty
Plaintiff does not qualify as additional insured where insurance policy is interpreted as whole and in context.
Insurance Dec. 16, 2007
Tocconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses may not be asserted to defeat claim under Unfair Competition Law against insurance provider.
Insurance Dec. 5, 2007
Goodstein v. Continental Casualty Co.
Insurance company must prove prejudice from receiver's delay in suing for defense costs from litigation over sale of contaminated sites.
Insurance Dec. 4, 2007
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith.
Insurance Nov. 29, 2007
Bjork v. State Farm Fire and Casualty Co.
Resident relative exclusion bars coverage of mother's liability to daughter for negligence in failing to prevent sexual molestation by daughter's father.
Insurance Nov. 22, 2007
JPI Westcoast Construction LP v. RJS & Associates Inc.
Where plaintiff was excess to policy, having paid part of settlement funds on behalf of insurer, plaintiff was entitled to seek reimbursement.
Insurance Nov. 20, 2007
Cold Creek Compost Inc. v. State Farm Fire and Casualty Co.
Insurance company prevails in indemnity action where policy's pollution exclusion applies to odor, dust and noise caused by plaintiff's facility.
Insurance Nov. 20, 2007
LA Sound USA Inc. v. St. Paul Fire and Marine Insurance Co.
Insurers seeking reimbursement must show which costs can be allocated to defense of each particular insured.
Insurance Nov. 15, 2007
Mercury Casualty Co. v. Scottsdale Indemnity Co.
Allegedly self-interested conduct by insurer in lobbying for passage of certain bill is insufficient basis for invalidating resultant legislation.
Insurance Nov. 14, 2007
State of California ex rel. Metz v. Farmers Group Inc.
Automobile insurer and affiliated agents are not subject to qui tam action based on mishandling of vehicle owner's total loss claim.
Insurance Nov. 12, 2007
Financial Management Advisors LLC v. American International Specialty Lines Insurance Co.
Insurance company improperly denies coverage for claims brought by unrelated investors who have same financial advisor, but allege different 'wrongful acts.'
Insurance Nov. 5, 2007
California Capital Insurance Co. v. Farmers Insurance Group
Insurance company must contribute to settlement in personal injury action where insureds’ indemnity provision does not cover property manager’s active negligence.
Insurance Oct. 21, 2007
Jafari v. EMC Insurance Companies
Because acts committed by insured in self-defense may be deemed 'accident,' trial court erred in finding insurer had no duty to defend.
Insurance Sep. 27, 2007
Aerojet-General Corp. v. Commercial Union Insurance Co.
Insurers need not indemnify insured where settlement costs are outside scope of indemnity coverage in policies.
Insurance Sep. 16, 2007
Allstate Insurance Co. v. Mercury Insurance Co.
Insurance company must participate in proration of insured's damages pursuant to uninsured motorist insurance policy.
Insurance Sep. 6, 2007
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'.
Insurance Sep. 6, 2007
Merrick v. Paul Revere Life Insurance Co.
Insured's motion in limine is properly granted where court's finding that insurance company withheld evidence is not clearly erroneous.
Insurance Sep. 4, 2007
Essex Insurance Co. v. City of Bakersfield
Insurance policy's auto exclusions do not defeat city's reasonable expectation to be covered for claims arising from dangerous condition of public property.
Insurance Aug. 29, 2007
R.A. Stuchbery & Others Syndicate 1096 v. Redland Insurance Co.
Insurance company has no duty to defend or indemnify shuttle service where passenger's alleged rape did not result from 'use' of shuttle.
Insurance Aug. 29, 2007
Intri-Plex Technologies Inc. v. The Crest Group Inc.
Insured’s suit is properly dismissed as impermissible attempt to split single cause of action where insurer already settled its subrogated action against tortfeasor.
Insurance Aug. 28, 2007
Archdale v. American International Specialty Lines Insurance Co.
Statute of limitations on viable contract claim for failure to accept reasonable settlement offer is equitably tolled until judgment is deemed final.
Insurance Aug. 24, 2007
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'.
Insurance Aug. 24, 2007
California Capital Insurance Co. v. Nielsen
Insurance company is not required to pay uninsured motorist benefits on accident with uninsured vehicle because owner’s personal umbrella policy covered ownership.
Insurance Aug. 1, 2007
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses cannot be used to defeat cause of action under Unfair Competition Law against insurance provider.
Insurance Jul. 31, 2007
Archdale v. American International Specialty Lines Insurance Co.
Insurer's failure to accept reasonable settlement offer breaches liability policy's implied covenant of good faith, supporting claim sounding in tort or contract.
Insurance Jul. 25, 2007
Ball v. Rodgers
New case law dictates Medicaid Act's 'equal access' provision does not accord class of elderly and disabled Medicaid beneficiaries individual rights.
Insurance Jul. 17, 2007