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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 2DCA/7 Dec. 5, 2024
Gordon v. Continental Casualty Co.
Trial court properly granted summary judgment for insurance company, which invoked a coverage exclusion for abuse or molestation.
Insurance 2DCA/7 Dec. 5, 2024
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 4DCA/1 Oct. 23, 2024
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 1DCA/2 Sep. 9, 2024
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 9th Aug. 20, 2024
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 CASC Aug. 9, 2024
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 9th Jul. 30, 2024
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 CASC Jul. 19, 2024
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 1DCA/4 Jul. 2, 2024
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 CASC Jun. 18, 2024
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 9th Jun. 3, 2024
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 CASC May 24, 2024
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 2DCA/7 May 21, 2024
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