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Daily appellate reports
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California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. 		Insurance Jun. 15, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. 		Insurance May 31, 2017
Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan
California statute rendering insurance plans giving administrators discretion to determine benefit eligibility void not preempted by federal Employee Retirement Income Security Act. 		Insurance May 12, 2017
Stein v. Axis Insurance Co.
Demurrer improperly sustained in favor of insurer where willful misconduct exception from coverage did not apply to insured's tender of defense expenses. 		Insurance Apr. 10, 2017
Mercury Casualty Insurance Co. v. Jones
Insurance company unsuccessful in challenging Insurance Commissioner's decision rejecting its application for an increase on its homeowners' insurance rates. 		Insurance Feb. 14, 2017
Medina v. GEICO Indemnity Co.
Summary judgment properly granted in insurance company's favor, where employee's personal automobile policy does not cover 'non-owned' van furnished by her employer for her regular use. 		Insurance Feb. 9, 2017
Association of California Insurance Companies v. Jones
Insurance Commissioner has authority to promulgate regulation covering incomplete replacement cost estimates for homeowners insurance, resulting in reversal of judgment invalidating regulation. 		Insurance Jan. 23, 2017
Navigators Specialty Insurance Co. v. Moorefield Construction Inc.
Insured not required to pay portion paid by insured toward settlement that is attributable to attorney fees, costs of suit under supplementary payments provision. 		Insurance Dec. 28, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. 		Insurance Dec. 20, 2016
Advent Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Summary judgment properly granted in favor of subcontractor's excess insurance carrier, where contractor's excess insurance carrier fails to show worker's injuries caused by subcontractor. 		Insurance Dec. 6, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. 		Insurance Nov. 29, 2016
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio. 		Insurance Nov. 6, 2016
Attorneys Liability Protection Society Inc. v. Ingaldson Fitzgerald P.C.
Alaskan statute regulating risk retention groups preempted by Liability Risk Retention Act, thus permitting insurance company recovery of fees expended in defending non-covered claim. 		Insurance Sep. 25, 2016
Mills v. AAA Northern California, Nevada and Utah Insurance Exchange
Insurance company's cancellation of policy before accident occurred is lawful, resulting in affirmance of summary judgment in its favor in case challenging denial of coverage. 		Insurance Sep. 20, 2016
People ex rel. Allstate Insurance Co. v. Dahan
In qui tam action for insurance fraud, judgment-debtor defendants lack standing to challenge post-judgment order allocating judgment amount between prevailing plaintiffs. 		Insurance Sep. 18, 2016
Demer v. IBM Corp LTD Plan
Insurer MetLife abused discretion by denying long term disability benefits to insured based on reviews conducted by independent physician consultants who only reviewed insured's medical files. 		Insurance Aug. 28, 2016
Barickman v. Mercury Casualty Co.
Insurer breaches duty of good faith and fair dealing by unreasonably refusing to settle action due to its misunderstanding of clause concerning court-ordered restitution. 		Insurance Aug. 17, 2016
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer. 		Insurance Aug. 8, 2016
Baldwin v. AAA Northern California et al.
Insured unsuccessful in overturning dismissal of complaint against insurance company where clear policy language permitted insurance company to repair vehicle rather than pay value of loss. 		Insurance Jul. 15, 2016
Equity Income Partners LP v. Chicago Title Insurance Company
Order 		Insurance Jul. 13, 2016
Paslay v. State Farm General Insurance Co.
Homeowners may maintain breach of insurance contract action against insurer for unpaid policy benefits in connection with water damage to their home. 		Insurance Jun. 28, 2016
Nickerson v. Stonebridge Life Insurance Co.
'Brandt' fees may be included in calculation of punitive-compensatory damages ratio in determining constitutionality of punitive damages award regardless of whether fees were awarded postverdict. 		Insurance Jun. 9, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy. 		Insurance May 11, 2016
D. Cummins Corp. v. United States Fidelity and Guaranty Co.
Parent and controlling shareholder lacks standing to seek declaratory relief regarding insureds' duty to defend its corporation in asbestos-related lawsuits. 		Insurance May 2, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy. 		Insurance Apr. 12, 2016
The People ex rel. Government Employees Insurance Co. v. Cruz
Trial court improperly binds insurer to certain interrogatory responses, allowing doctor to prevail on summary judgment in alleged insurance fraud conspiracy. 		Insurance Feb. 19, 2016
Amco Insurance Co. v. All Solutions Insurance Agency LLC
Summary judgment in insurance broker's favor should have been denied where plaintiffs' claims are not limited by equitable subrogration principles. 		Insurance Feb. 10, 2016
Haering v. Topa Insurance Co.
Uninsured/underinsured motorist coverage is not provided under plaintiff's excess liability policy that incorporates by reference underlying primary policy including such coverage. 		Insurance Feb. 4, 2016
Vardanyan v. Amco Insurance Co.
Trial court's intended jury instruction violates efficient proximate cause doctrine, warranting reversal of grant of directed verdict in insurer's favor. 		Insurance Jan. 8, 2016
Heckart v. A-1 Self Storage Inc. et al.
'Protection Plan' modifying self-storage rental agreement's allocation of liability for loss or damage is not insurance subject to regulation under the Insurance Code. 		Insurance Dec. 31, 2015
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