Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B331083
|
Hughes v. Farmers Insurance Exchange
Trial court properly granted summary judgment to insurance company when insured failed to evidence that insurance company's actions created an agency relationship with independent contractor. |
Insurance |
|
N. Stone | Dec. 5, 2024 |
B329455
|
Gordon v. Continental Casualty Co.
Trial court properly granted summary judgment for insurance company, which invoked a coverage exclusion for abuse or molestation. |
Insurance |
|
G. Feuer | Dec. 5, 2024 |
D081262
|
People ex rel. Elliott v. Kaiser Foundation Health Plan
Trial court inappropriately exercised judicial discretion over a claim against an insurance provider with a clear statutory violation. |
Insurance |
|
M. Buchanan | Oct. 23, 2024 |
A168803
|
Fox Paine & Co., LLC v. Twin City Fire Insurance Co.
Declaratory relief was not warranted in insurance dispute where the claims were derivative of breach of contract claims. |
Insurance, Civil Procedure |
|
J. Richman | Sep. 9, 2024 |
22-35449
|
Jama v. State Farm Mutual Automobile Insurance Company
District court improperly applied *Lara v. First National Insurance* to decertify class that alleged car insurer illegally applied a "negotiation discount" to payments for totaled cars. |
Insurance |
|
J. Rakoff | Aug. 20, 2024 |
S278481
|
John's Grill, Inc. v. The Hartford Financial Services Group, Inc.
Absent extraordinary circumstances, a property insurance policy's explicit and unambiguous limitations on coverage must be enforced, in this case, defeating plaintiff's COVID closure claim. |
Insurance |
|
P. Guerrero | Aug. 9, 2024 |
23-15556
|
EB Holdings II, Inc. v. Illinois National Insurance Co.
District court erred in concluding Nevada law governed where its analysis of the test to determine choice-of-law was based on erroneous facts. |
Civil Procedure, Insurance |
|
M. Smith | Jul. 30, 2024 |
S281510
|
Rosenberg-Wohl v. State Farm Fire & Casualty Co.
Insurance Code Section 2071 and plaintiff's State Farm Insurance policy's one-year limitations period did not apply to her unfair competition law cause of action seeking only declaratory and injunctive relief. |
Insurance |
|
P. Guerrero | Jul. 19, 2024 |
A166676
|
Tait v. Commonwealth Land Title Insurance Company
Loss under title insurance should be based on diminution in the property's value according to its highest and best use caused by the title defect, absent language to the contrary. |
Insurance |
|
T. Brown | Jul. 2, 2024 |
S273179
|
Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp.
For a continuous injury, standard language in commercial general liability policies that were excess to primary insurance policies required only vertical exhaustion before access. |
Insurance |
|
J. Groban | Jun. 18, 2024 |
23-55019
|
Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company
Employment Retirement Income Security Act preempted claims that health plan administrator's denial of reimbursements violated state law. |
Insurance |
|
D. Bress | Jun. 3, 2024 |
S277893
|
Another Planet Entertainment, LLC v. Vigilant Insurance Co.
Allegations of the actual or potential presence of COVID-19 on an insured's premises do not, without more, establish direct physical loss or damage to property within the meaning of a commercial property insurance policy. |
Insurance |
|
P. Guerrero | May 24, 2024 |
B324805
|
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance
The term "contractor" in an exclusion for a commercial liability insurance policy was ambiguous, and therefore plaintiff had a reasonable expectation that the policy would apply to its negligence claim. |
Insurance |
|
T. Raphael | May 21, 2024 |
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 |