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Westmoreland v. Fire Insurance Exchange
A trial court erred in overruling Insurer's demurrer because Insured had already received the full measure of indemnity to which they were entitled. 		Insurance 1DCA/3 Dec. 29, 2021
Church Mutual Insurance Co. v. GuideOne Specialty Mutual Insurance
An insurer was not entitled to equitable contribution from another insurer even though both policies covered the risk of fire damage to the same church building. 		Insurance 3DCA Dec. 20, 2021
People ex rel. State Farm Mutual Automobile Ins. Co. v. Rubin
An Insurance Fraud Protection Act action that alleges the same fraud as a pending action is not barred if it seeks penalties based on a separate pool of victims. 		Insurance 4DCA/3 Dec. 15, 2021
Modification: State Farm General Insurance Company v. Lara
In the prior approval system for insurance rates, the insurance commissioner cannot consider projected investment income from affiliate companies in setting a fair rate. 		Insurance 4DCA/1 Nov. 18, 2021
The Inns by the Sea v. California Mutual Ins. Co.
An insured could not recover for loss of business income because it could not reasonably allege that the presence of COVID-19 on its premises caused the suspension of operations. 		Insurance 4DCA/1 Nov. 17, 2021
State Farm General Insurance Company v. Lara
In the prior approval system for insurance rates, the insurance commissioner cannot consider projected investment income from affiliate companies in setting a fair rate. 		Insurance 4DCA/1 Nov. 2, 2021
State Farm General Insurance Company v. Lara
Intervenor attorneys' fees under Insurance Code Section 1861.10(b) may be obtained as long as the intervenor made a significant, distinct contribution. 		Insurance 4DCA/1 Nov. 2, 2021
Janney v. CSAA Insurance Exchange
Because an insured was entitled to the lowest of three calculations, disputed facts related to a higher calculation were immaterial. 		Insurance 3DCA Oct. 18, 2021
The Travelers Indemnity Co. v. Navigators Specialty Insurance Co.
A trial court erroneously treated a legal allegation as a factual allegation for the purposes of a demurrer. 		Insurance 4DCA/1 Oct. 18, 2021
Modification: Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel. 		Insurance 2DCA/8 Oct. 7, 2021
Mudpie Inc. v. Travelers Casualty Insurance Company of America
Because COVID-19 and government orders did not cause physical damage, an insured could not recover business income losses under its insurance policy. 		Insurance 9th Oct. 4, 2021
Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel. 		Insurance 2DCA/8 Sep. 21, 2021
McHugh v. Protective Life Insurance Co.
Insurance Code Sections 10113.71 and 10113.72 apply to all life insurance policies in force when these two sections went into effect, regardless of when the policies were originally issued. 		Insurance CASC Aug. 31, 2021
Munden v. Stewart Title Guaranty Co.
District court erred in its interpretation of insurance policy under Idaho law. 		Insurance 9th Aug. 16, 2021
Antonopoulos v. Mid-Century Insurance Co.
Triable issue of material fact existed as to insurance company's duty to cover plaintiffs' losses incurred during policy lapse because there was no proof reinstatement was retroactive. 		Insurance 1DCA/2 Apr. 29, 2021
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. 		Insurance 2DCA/8 Apr. 28, 2021
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. 		Insurance 2DCA/8 Apr. 21, 2021
Adir International v. Starr Indemnity & Liability Company
California Insurance Code Section 533.5(b), which nullifies insurance company's duty to defend, does not facially violate party's due process right to retain counsel. 		Insurance 9th Apr. 16, 2021
Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. 		Insurance 2DCA/8 Apr. 15, 2021
Modification: Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed. 		Insurance 4DCA/2 Apr. 14, 2021
Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed. 		Insurance 4DCA/2 Mar. 22, 2021
Modification: Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably. 		Insurance 2DCA/1 Mar. 22, 2021
Villanueva v. Fidelity National Title Company
Immunity under Insurance Code Section 12414.26 does not extend to insurers charging rates not yet filed with the Insurance Commissioner. 		Insurance CASC Mar. 19, 2021
Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably. 		Insurance 2DCA/1 Mar. 10, 2021
Gray v. Quicken Loans
Civil Code Section 2954.8 does not require plaintiff's lender to pay interest on plaintiff's hazard insurance proceeds unless there was a written agreement between the parties to pay the interest. 		Insurance 2DCA/6 Mar. 4, 2021
Guastello v. AIG Specialty Insurance Company
Triable issue of fact existed regarding when insurer's obligation to provide coverage was triggered under an occurrence policy. 		Insurance 4DCA/3 Feb. 23, 2021
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
Insurance policy's 60-day vacancy provision unambiguously counted backwards from the date of the loss, regardless of property ownership. 		Insurance 1DCA/4 Nov. 25, 2020
Truck Insurance Exchange v. AMCO Insurance Co.
Because liability arose from restaurant's use of premises, landlords were additional insureds under restaurant's insurance policy; thus, landlord's insurer was entitled to equitable contribution. 		Insurance 2DCA/4 Oct. 28, 2020
Dones v. Life Insurance Co. of North America
Trial court erred in sustaining insurance company's demurrer because plaintiff's allegations that insurance company waived precondition to coverage were sufficient to withstand demurrer. 		Insurance 1DCA/2 Oct. 9, 2020
Axis Reinsurance v. Northrup Grumman
An excess insurer may not challenge underlying insurer's payment decision as outside the scope of coverage absent showing of fraud or bad faith. 		Insurance 9th Sep. 15, 2020
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