| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 96-15487 
 | 
First State Insurance Co. v. Callan Associates Inc.
 Under diversity statute, insurer has right to pursue rescission claim against insured in federal court.  | 
Insurance | 
 | 
Jun. 26, 1999 | |
| 
 B094351 
 | 
Continental Insurance Co. v. Lexington Insurance Co.
 Umbrella policy is not subject to proration with a primary policy converted to excess policy.  | 
Insurance | 
 | 
Jun. 26, 1999 | |
| 
 B106120 
 | 
State Farm Fire and Casualty Co. v. Superior Court (Taylor)
 Insurance company's wrongful tactics warrant application of crime/fraud exception permitting disclosure of privileged information.  | 
Insurance | 
 | 
Jun. 26, 1999 | |
| 
 96-56132 and 96-56506 
 | 
Quackenbush v. Allstate Insurance Co.
 Federal arbitration on liquidator's claims and state court proceedings on setoff issue can proceed concurrently.  | 
Insurance | 
 | 
Jun. 26, 1999 | |
| 
 A072273 
 | 
Shapiro v. The Prudential Property and Casualty Co.
 Trial court can grant new trial on damages based on plaintiff's motion to correct verdict.  | 
Insurance | 
 | 
Jun. 25, 1999 | |
| 
 B107758 
 | 
Harper v. Wausau Insurance Corp.
 Third party is intended beneficiary of insurance policy and can sue insurer for medical expenses.  | 
Insurance | 
 | 
Jun. 25, 1999 | |
| 
 B116450 
 | 
Spray, Gould & Bowers v. Associated International Insurance Co.
 Insurer's failure to notify claimant of time limits pertaining to claim, prevents assertion of contract limitations defense.  | 
Insurance | 
 | 
Jun. 24, 1999 | |
| 
 B091546 
 | 
Fireman's Fund Insurance Co. v. Wilshire Film Ventures Inc.
 Insurer is entitled to equitable subrogation from third party which breached contract with insured.  | 
Insurance | 
 | 
Jun. 24, 1999 | |
| 
 95-16605 
 | 
State Farm Fire and Casualty Co. v. Otto
 After settlement release under primary auto policy, insured has uninsured motorist claim under 'umbrella' policy.  | 
Insurance | 
 | 
Jun. 24, 1999 | |
| 
 S061699 
 | 
Aydin Corporation v. First State Insurance Co.
 Jury instruction requiring insurer to prove nonexistence of policy's 'sudden and accidental' coverage is prejudicial error.  | 
Insurance | 
 | 
Jun. 23, 1999 | |
| 
 S052844 
 | 
Buss v. Superior Court (Transamerica Insurance Co.)
 Insurer seeking defense costs reimbursement under standard commercial general liability policy has preponderance proof burden.  | 
Insurance | 
 | 
Jun. 23, 1999 | |
| 
 B110170 
 | 
Certain Underwriters at Lloyd's of London Designated as Lowsley-Williams and Companies v. Superior Court (Southern California Gas Co.)
 Insurer's coverage dispute cannot be resolved without providing policy or secondary evidence of policy terms.  | 
Insurance | 
 | 
Jun. 23, 1999 | |
| 
 A076244 
 | 
KPFF Inc. v. California Union Insurance Co.
 Pleadings do not constitute written notice to insurer of potential claims under policy's awareness clause.  | 
Insurance | 
 | 
Jun. 23, 1999 | |
| 
 D020939 
 | 
County of San Bernardino v. Pacific Indemnity Co.
 Insurer must defend county in action for damages caused by landfill and pay all defense costs.  | 
Insurance | 
 | 
Jun. 23, 1999 | |
| 
 94-56708 
 | 
Bodell v. Walbrook Insurance Co.
 Under California law, professional liability insurance policy covers mail fraud investigation by U.S. Postal Service.  | 
Insurance | 
 | 
Jun. 22, 1999 | |
| 
 D022897 
 | 
Eigner v. Worthington
 Judgment against insured isn't due to insurer's surprise, mistake or excusable neglect in declining coverage.  | 
Insurance | 
 | 
Jun. 21, 1999 | |
| 
 96-2706 
 | 
Coregis Ins. Co., v. Camico Mutual Ins. Co.
 Claim based on acts from prior claim is foreseeable in connection with professional liability policy.  | 
Insurance | 
 | 
Jun. 21, 1999 | |
| 
 B106165 
 | 
Rosen v. Nations Title Insurance Co.
 Title insurer doesn't breach policy by not defending suit if title defect occurs after escrow closes.  | 
Insurance | 
 | 
Jun. 20, 1999 | |
| 
 B089803 
 | 
S. Kornreich & Sons Inc. v. Genesis Insurance Co.
 Insurer can deny coverage for newly acquired property which is similar to original, covered property.  | 
Insurance | 
 | 
Jun. 20, 1999 | |
| 
 96-7724 
 | 
Fremont Indemnity Co. Inc. v. California National Physician's Insurance Co.
 Earlier reported claim isn't covered under 'claims made' medical professional liability policy with reporting requirement.  | 
Insurance | 
 | 
Jun. 18, 1999 | |
| 
 B099018 
 | 
Zelda Inc. v. Northland Insurance Corp.
 Insured cannot trigger duty to defend by speculating about extraneous 'facts' regarding potential liability.  | 
Insurance | 
 | 
Jun. 18, 1999 | |
| 
 95-17291 
 | 
National Steel Corp. v. Golden Eagle Insurance Co.
 To avoid defending, insurer must show falsity of insured's alleged ignorance of facts showing claim's foreseeability.  | 
Insurance | 
 | 
Jun. 18, 1999 | |
| 
 96-35248 
 | 
St. Paul Fire & Marine Insurance Co. v. F.H.
 Lack of pending state action and undue delay establishes district court's jurisdiction over declaratory action.  | 
Insurance | 
 | 
Jun. 17, 1999 | |
| 
 A072015 
 | 
Unisys Corp. v. California Life and Health Insurance Guarantee Association
 Guaranteed investment contracts aren't covered under the California Life and Health Insurance Guarantee Association Act.  | 
Insurance | 
 | 
Jun. 17, 1999 | |
| 
 S068409 
 | 
Pelky v. Allstate Insurance Co.
 Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer.  | 
Insurance | 
 | 
Jun. 16, 1999 | |
| 
 B111189 
 | 
City of Los Angeles v. Amwest Surety Insurance Co.
 Surety's obligation to fund subdivision improvements continues unless map is revoked or land reverts to acreage.  | 
Insurance | 
 | 
Jun. 16, 1999 | |
| 
 E020022 
 | 
Singh v. Allstate Insurance Co.
 One year period for policyholder to sue isn't equitably tolled during time insurer reconsiders claim.  | 
Insurance | 
 | 
Jun. 16, 1999 | |
| 
 G019153 
 | 
North Orange County Community College District v. CM School Supply Co.
 Community college districts may press claims against California Insurance Guarantee Association.  | 
Insurance | 
 | 
Jun. 16, 1999 | |
| 
 G020355 
 | 
County of Orange v. FST Sand & Gravel Inc.
 Local governments may press claims against California Insurance Guarantee Association.  | 
Insurance | 
 | 
Jun. 16, 1999 | |
| 
 96-16815 
 | 
City and County of San Francisco v. Underwriters at Lloyd's, London
 Standard protection and indemnity coverage of maritime policy doesn't cover accident on third party's vessel.  | 
Insurance | 
 | 
Jun. 16, 1999 | 
