Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A167491
|
Modification: Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes. |
Insurance |
|
J. Streeter | Apr. 18, 2024 |
A167491
|
Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes. |
Insurance |
|
J. Streeter | Apr. 1, 2024 |
D081132
|
Brooklyn Restaurants, Inc. v. Sentinel Insurance Co., Ltd.
Insurance policy that covered cost of removing a virus could be reasonably interpreted to cover loss due to COVID-19. |
Insurance |
|
R. Huffman | Mar. 27, 2024 |
D081431
|
Molinar v. 21st Century Insurance Co.
Under Insurance Code Section 662(a)'s strict notice requirements, insurance company's cancellation of policy was invalid when adult daughter, as a named insured, was not given notice of cancellation. |
Insurance |
|
M. Buchanan | Feb. 28, 2024 |
A166946
|
Myasnyankin v. Nationwide Mutual Insurance Co.
Insurance Code Section 2071.1 allowed homeowner to video record insurance company's participants in an examination under oath. |
Insurance |
|
M. Simons | Feb. 1, 2024 |
A166574
|
Modification: The Pep Boys v. Old Republic Insurance Company
Ambiguous insurance policy language was construed against insurers when extrinsic evidence revealed that insured expected "annual period" to last more than one year. |
Insurance |
|
T. Brown | Jan. 22, 2024 |
A167666
|
Tornai v. CSAA Insurance Exchange
Insurance code and policy provision mandated the arbitration of dispute between insured and insurer regarding entitlement to and amount of recovery for bodily injuries resulting from an underinsured motorist. |
Insurance |
|
J. Richman | Jan. 12, 2024 |
22-55717
|
South Coast Specialty Surgery Center v. Blue Cross of California
Healthcare provider's patients' valid assignments of rights to receive direct payment of benefits from insurer included an assignment of the right to the insurer for non-payment of benefits under ERISA. |
Insurance |
|
S. Mendoza | Jan. 11, 2024 |
A166574
|
The Pep Boys v. Old Republic Insurance Company
Ambiguous insurance policy language was construed against insurers when extrinsic evidence revealed that insured expected "annual period" to last more than one year. |
Insurance |
|
T. Brown | Jan. 2, 2024 |
B321450
|
Modification: City of Whittier v. Everest National Insurance Company
Insurance Code Section 533 might not bar coverage where city's alleged whistleblower retaliation could be both "willful" and in good faith. |
Insurance |
|
H. Bendix | Dec. 28, 2023 |
H050441
|
San Jose Sharks, LLC v. Superior Court (Factory Mutual Insurace Co.)
Insurance policies' contamination exclusion provisions barred coverage for viral contamination, so National Hockey League and its member teams could not allege covered physical losses to their property resulting from COVID-19. |
Insurance |
|
C. Lie | Dec. 26, 2023 |
B321450
|
City of Whittier v. Everest National Insurance Company
Insurance Code Section 533 might not bar coverage where city's alleged whistleblower retaliation could be both "willful" and in good faith. |
Insurance |
|
H. Bendix | Dec. 7, 2023 |
B323865
|
Modification: Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy. |
Insurance |
|
B. Hoffstadt | Oct. 23, 2023 |
B321806
|
JRK Property Holdings, Inc. v. Colony Insurance Company
Pollution coverage exclusion did not block coverage for insurance claims related to COVID-19 where the language used was ambiguous and reasonable insured would not expect the exclusion to apply. |
Insurance |
|
G. Feuer | Oct. 3, 2023 |
B323865
|
Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy. |
Insurance |
|
B. Hoffstadt | Sep. 25, 2023 |
F085014
|
Modification: Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper. |
Insurance |
|
D. Franson | Sep. 1, 2023 |
B320820
|
Modification: Fischl v. Pacific Life Insurance Co.
Release of claims resulting from broker's acts barred any liability for insurance company based on allegedly negligent suitability analysis conducted by the broker and relied upon by the insurer. |
Insurance |
|
B. Hoffstadt | Aug. 25, 2023 |
B315264
|
People ex rel. Allstate Insurance Company v. Discovery Radiology
Nonphysician's control over medical corporations' radiology services constituted an illegal, unlicensed practice of medicine which could be the basis for insurance fraud claims. |
Insurance |
|
L. Edmon | Aug. 17, 2023 |
F085014
|
Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper. |
Insurance |
|
D. Franson | Aug. 10, 2023 |
B320820
|
Fischl v. Pacific Life Insurance Co.
Release of claims resulting from broker's acts barred any liability for insurance company based on allegedly negligent suitability analysis conducted by the broker and relied upon by the insurer. |
Insurance |
|
B. Hoffstadt | Aug. 4, 2023 |
22-35047
|
The Oregon Clinic, PC. v. Fireman's Fund Insurance Co.
Under Oregon law, insured's mere loss of use of property due to COVID-19 was not covered under commercial insurance property because it did not allege direct physical loss or damage of the property. |
Insurance |
|
M. Murguia | Aug. 1, 2023 |
S267746
|
Allied Premier Ins. v. United Financial Casualty Co.
An uncancelled certificate of insurance that remains on file with the DMV does not cause the corresponding insurance policy to remain in effect in perpetuity. |
Insurance |
|
C. Corrigan | Jul. 25, 2023 |
A163848
|
Rosenberg-Wohl v. State Farm Fire and Casualty Co.
Plaintiff's Unfair Competition Law claim was time barred by the one-year limitation provision in her homeowner insurance policy because the gravamen of her claim arose out of the parties' contractual relationship. |
Insurance |
|
J. Richman | Jul. 13, 2023 |
A162893
|
Wong v. Stillwater Insurance Co.
Married couple was not covered for "direct physical loss" by their insurance policy since there was no direct evidence that their stored embryos had gone through a demonstrable physical alteration. |
Insurance |
|
J. Richman | Jul. 5, 2023 |
A166049
|
Bennett v. Ohio National Life Assurance Corp.
Statutes of limitation for insured's breach of contract and covenant of good faith claims against insurance company did not begin to run until the company stopped making disability payments. |
Insurance |
|
V. Rodriguez | Jun. 21, 2023 |
B314780
|
Dua v. Stillwater Insurance Company
Because dog bite lawsuit against insured was potentially covered, insurance company was required to investigate and negate all facts leading to coverage before denying coverage. |
Insurance |
|
E. Lui | May 8, 2023 |
B313518
|
Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Company
Business interruption policy that covered physical loss and damages precluded coverage for losses resulting from government-ordered suspension of operations during COVID-19 pandemic. |
Insurance |
|
G. Feuer | May 3, 2023 |
B320834
|
Santa Ynez Band of Chumash v. Lexington Insurance Co.
Summary judgment for insurer on property damage claim was appropriate where insured provided no evidence of what specific covered property had been damaged. |
Insurance |
|
A. Gilbert | May 1, 2023 |
G061040
|
Coast Restaurant Group, Inc. v. AmGUARD Insurance Company
Although government shutdown order due to COVID-19 caused direct physical loss of property, the loss was excluded from policy's coverage under other exclusions. |
Insurance |
|
T. Delaney | Apr. 11, 2023 |
H047394
|
Santa Clara Valley Water Dist. v. Century Indemnity Co.
Water district's act of unilaterally agreeing to Consent Decree in regards to mercury contamination claim barred it from seeking indemnification under third-party insurance contract's No Voluntary Payment provision. |
Insurance |
|
P. Bamattre-Manoukian | Apr. 3, 2023 |