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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 1DCA/4 Apr. 18, 2024
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 1DCA/4 Apr. 1, 2024
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 4DCA/1 Mar. 27, 2024
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 4DCA/1 Feb. 28, 2024
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 1DCA/5 Feb. 1, 2024
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 1DCA/4 Jan. 22, 2024
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 1DCA/2 Jan. 12, 2024
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 9th Jan. 11, 2024
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 1DCA/4 Jan. 2, 2024
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 2DCA/1 Dec. 28, 2023
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 6DCA Dec. 26, 2023
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 2DCA/1 Dec. 7, 2023
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 2DCA/2 Oct. 23, 2023
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 2DCA/7 Oct. 3, 2023
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 2DCA/2 Sep. 25, 2023
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 5DCA Sep. 1, 2023
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 2DCA/2 Aug. 25, 2023
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 2DCA/3 Aug. 17, 2023
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 5DCA Aug. 10, 2023
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 2DCA/2 Aug. 4, 2023
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 9th Aug. 1, 2023
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 CASC Jul. 25, 2023
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 1DCA/2 Jul. 13, 2023
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 1DCA/2 Jul. 5, 2023
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 1DCA/3 Jun. 21, 2023
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 2DCA/2 May 8, 2023
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 2DCA/7 May 3, 2023
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 2DCA/6 May 1, 2023
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 4DCA/3 Apr. 11, 2023
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 6DCA Apr. 3, 2023