| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B186943
|
Marquez Knolls Property Owners Association Inc. v. Executive Risk Indemnity Inc.
Exclusion from coverage does not apply where underlying exclusionary activities were not performed by insured, but by third party. |
Insurance |
|
Jul. 15, 2007 | |
|
B189115
|
Lazy Acres Market Inc. v. Tseng
Insured that hires own attorney and settles suit cannot later recover fees in malpractice action against insurance company's attorney. |
Insurance |
|
Jul. 5, 2007 | |
|
B192590
|
Burns v. California Fair Plan
Multiple insureds cannot recover more than value of destroyed property on fire insurance claim resulting from single occurrence. |
Insurance |
|
Jun. 27, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
Jun. 26, 2007 | |
|
04-35181
|
Caliber One Indemnity Co. v. Wade Cook Financial Corp.
Court properly concludes that insurance contract's deductible refers to total insured value of damaged property. |
Insurance |
|
Jun. 26, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 14, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 14, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
Jun. 13, 2007 | |
|
D049427
|
Allstate Insurance Co. v. Superior Court (Delanzo)
Attorney fees and costs incurred to obtain compensation from third-party tortfeasor are not deducted in calculating total recovery received by insured. |
Insurance |
|
Jun. 13, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
May 29, 2007 | |
|
A109755
|
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Bright line rule defining 'suit' and 'damages' was properly applied in suit concerning contract dispute with government. |
Insurance |
|
May 16, 2007 | |
|
G036451
|
Padilla Construction Co. Inc. v. Transportation Insurance Co.
Umbrella insurer is not obligated to defend lawsuit where primary insurance is available. |
Insurance |
|
May 15, 2007 | |
|
B188714
|
Pacific Business Connections Inc. v. St. Paul Surplus Lines Insurance Co.
Insurer properly denies claim after financing company cancels policy for nonpayment. |
Insurance |
|
May 4, 2007 | |
|
H029043
|
Stonelight Tile Inc. v. California Insurance Guarantee Association
In insurance case, California Insurance Guarantee Association prevails where plaintiff's loss is not 'covered claim'. |
Insurance |
|
Apr. 25, 2007 | |
|
G035677
|
Levy v. State Farm Mutual Automobile Insurance Co.
There is no minimum standard for determining required repairs for restoring insured vehicle to pre-accident condition. |
Insurance |
|
Apr. 24, 2007 | |
|
B187706
|
Jordan v. Allstate Insurance Co.
Prior litigation finding insurer's policy interpretation 'reasonable' does not justify summary disposition of insured's bad faith claim. |
Insurance |
|
Apr. 23, 2007 | |
|
B188740
|
Simon Marketing v. Gulf Insurance Co.
Loss of business and settlement and defense costs are not considered 'property' under property insurance contract. |
Insurance |
|
Apr. 11, 2007 | |
|
S136690
|
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Renovation work being performed on building at time of loss may have rendered building 'under construction' such that vacancy exclusion does not apply. |
Insurance |
|
Mar. 29, 2007 | |
|
G035046
|
Transcontinental Insurance Co. v. Insurance Co. of the State of Pennsylvania
Insurer that tendered defense may not seek reimbursement from other insurers if underlying claims defended were not potentially covered by other insurer's policies. |
Insurance |
|
Mar. 28, 2007 | |
|
D049257
|
Interinsurance Exchange of the Automobile Club v. Superior Court (Williams)
Interest charged for making payment of annual premium in installments is not considered part of 'premium' paid for coverage. |
Insurance |
|
Mar. 26, 2007 | |
|
B187706
|
Jordan v. Allstate Insurance Co.
Prior litigation finding insurer's policy interpretation 'reasonable' does not justify summary disposition of insured's bad faith claim. |
Insurance |
|
Mar. 23, 2007 | |
|
E038114
|
O'Hanesian v. State Farm Mutual Automobile Insurance Co.
Arbitration was appropriate forum for plaintiff seeking determination of rights to uninsured motorist benefits under terms of insurance policy. |
Insurance |
|
Mar. 21, 2007 | |
|
D048522
|
Bouton v. USAA Casualty Insurance Co.
Arbitration of dispute regarding whether claimant is entitled to uninsured motorist benefits is mandated by statute, and cannot be limited by policy's language. |
Insurance |
|
Mar. 21, 2007 | |
|
C053352
|
Pacific Gas and Electric Co. v. Superior Court (American Guarantee and Liability Insurance Co.)
Insurer was not authorized to recover its insured's deductible pursuant to California Code of Regulations, Title 10, Section 2695.7. |
Insurance |
|
Mar. 20, 2007 | |
|
B187743
|
Safeco Insurance Co. of America v. Fireman's Fund Insurance Co.
Where single event causes both property damage and personal injury, there is only one 'occurrence' for purposes of determining policy benefits. |
Insurance |
|
Mar. 19, 2007 | |
|
B184917
|
Rappaport-Scott v. Interinsurance Exchange of the Automobile Club
In case involving first party insurance coverage claim, complaint does not support breach of implied covenant of good faith and fair dealing. |
Insurance |
|
Feb. 16, 2007 | |
|
A114157
|
Zembsch v. Superior Court (Health Net of California Inc.)
Health care service plan provider's failure to provide 'prominently displayed' arbitration disclosure rendered any resultant arbitration agreement unenforceable. |
Insurance |
|
Feb. 16, 2007 | |
|
B182575
|
Cheviot Vista Homeowners Association v. State Farm Fire & Casualty Co.
Absent showing by insured that cost of repair exceeded policy deductible, summary judgment in favor of insurer is appropriate. |
Insurance |
|
Feb. 6, 2007 | |
|
B184276
|
August Entertainment Inc. v. Philadelphia Indemnity Insurance Co.
Insurance benefits under directors and officers liability policy are not available to cover contract price of failed business deal. |
Insurance |
|
Feb. 5, 2007 | |
|
E037627
|
State of California v. Underwriters at Lloyd's London
Exclusions in policy did not relieve insurer from indemnifying state for damage caused by gradual escape of pollutants from waste disposal site. |
Insurance |
|
Feb. 5, 2007 |
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