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Salomaa v. Honda Long Term Disability Plan
ERISA plan abuses its discretion when denial of benefits was not reasonable given insured’s records proving he was disabled by chronic fatigue syndrome.
Insurance May 27, 2011
Doan v. State Farm General Insurance Co.
Insured is not required to submit dispute to appraisal before seeking judicial determination of issues that are not within ambit of appraisal.
Insurance May 25, 2011
Workmen’s Auto Insurance Co. v. Guy Carpenter & Co. Inc.
Although insurance brokers have fiduciary-like duties, reinsurance intermediary-broker cannot be sued for breach of fiduciary duty.
Insurance May 5, 2011
Fort Bragg Unified School District v. Solano County Roofing Inc.
Insurance Code Section 1063.1(c)(9)(B) bars claim for subrogation against insured of insolvent carrier seeking recovery against California Insurance Guarantee Association.
Insurance Apr. 28, 2011
American Modern Home Insurance Co. v. Fahmian
Court errs in determining that insurer is not entitled to reimbursement when it erroneously applied time constraints not required under prevailing case law.
Insurance Apr. 11, 2011
Clarendon America Insurance Co. v. General Security Indemnity Co. of Arizona
Construction defect action against insured is not covered under products-completed operations hazard provision where insured had not completed work on home.
Insurance Mar. 31, 2011
The Housing Group v. PMA Capital Insurance Co.
Court properly denies insurer’s motion to compel arbitration for attorney fee dispute where insurer failed to provide insured’s defense in underlying action.
Insurance Mar. 28, 2011
Hibbs v. Allstate Insurance Co.
Court errs in granting summary judgment in issue of bad faith because triable issue exists whether insured is prejudiced by insurance’s subrogation claim.
Insurance Mar. 25, 2011
Shanahan v. State Farm General Insurance Co.
Insurer does not have duty to defend third party’s action for sexual battery against insured where policies do not cover claims based on intentional acts.
Insurance Mar. 18, 2011
Minich v. Allstate Insurance Co.
Insurer is not required to pay amount exceeding policy limit until insured demonstrates that he was rebuilding his house, which was destroyed by fire.
Insurance Mar. 14, 2011
Allstate Insurance Co. v. Herron
Insurer’s failure to settle by claimant’s deadline is not breach of good faith where insurer informed claimant it would respond promptly following investigation.
Insurance Mar. 11, 2011
OneBeacon Insurance Co. v. Haas Industries Inc.
Subrogated insurer has standing to sue carrier for value of lost goods under Carmack Amendment where insured fell within bill of lading's definition of 'shipper.'
Insurance Mar. 10, 2011
Salomaa v. Honda Long Term Disability Plan
ERISA plan abuses its discretion when denial of benefits was not reasonable given insured’s records proving he was disabled by chronic fatigue syndrome.
Insurance Mar. 8, 2011
Kirkwood v. California State Automobile Association Inter-Insurance Bureau
Dispute over method for determining actual cash value of lost or injured property under fire insurance policy is not subject to mandatory appraisal.
Insurance Mar. 1, 2011
Hibbs v. Allstate Insurance Co.
Court errs in granting summary judgment in issue of bad faith because triable issue exists whether insured is prejudiced by insurance’s subrogation claim.
Insurance Feb. 25, 2011
Century-National Insurance Co. v. Garcia
Insurer's fire insurance policy impermissibly denies coverage to innocent insureds when coinsured intentionally set fire to their home.
Insurance Feb. 18, 2011
Trishan Air Inc. v. Federal Insurance Co.
Insured’s complete failure to comply with pilot warranty requirement precludes any recovery for jet’s accident under aviation insurance policy.
Insurance Feb. 17, 2011
Blue Shield of California Life & Health Insurance Co. v. Superior Court (Kawakita)
Insured has three years to sue insurer for tortious breach of duty of good faith and fair dealing where policy provision was more favorable than Insurance Code.
Insurance Feb. 10, 2011
Dobbas v. Vitas
Insurer may not intervene in breach of contract action brought by insured against different insurer, where equitable subrogation is not shown.
Insurance Feb. 3, 2011
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Quasi-judicial adjudicative proceeding is ‘suit’ triggering insurer’s duty to defend where agency proceedings require filing of complaint.
Insurance Jan. 21, 2011
Dobbas v. Vitas
Insurer may not intervene in breach of contract action brought by insured against different insurer, where equitable subrogation is not shown.
Insurance Jan. 10, 2011
Fier v. Unum Life Insurance Co. of America
Claimant is not entitled to benefits under Accidental Death and Dismemberment Policy maintained under ERISA where he did not suffer physical detachment of limbs.
Insurance Jan. 4, 2011
Beacon Healthcare Services Inc. v. Leavitt
Provider Reimbursement Review Board errs in determining amount in controversy based on remedy, not pleadings, in denying jurisdiction over case.
Insurance Dec. 16, 2010
Advanced Network Inc. v. Peerless Insurance Co.
Conversion claim does not trigger insurer’s duty to defend where policy only covers ‘loss of use,’ which does not include permanent loss of property.
Insurance Dec. 13, 2010
Sameyah v. Los Angeles County Employees Retirement Association
Widow is not entitled to service-connected benefits because husband’s cancer was not caused by carcinogens he was exposed to at his job.
Insurance Nov. 21, 2010
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Quasi-judicial adjudicative proceeding is ‘suit’ triggering insurer’s duty to defend where agency proceedings require filing of complaint.
Insurance Nov. 18, 2010
Hudson Insurance Co. v. Colony Insurance Co.
Insurer has duty to defend where complaint against insured potentially stated claim for slogan infringement, which insurer’s policy covered.
Insurance Nov. 7, 2010
Levine v. Blue Shield of California
Insurer does not have duty to disclose information concerning how insured should structure health coverage so as to lower monthly premiums.
Insurance Nov. 7, 2010
Muniz v. Amec Construction Management Inc.
Termination of disability benefits is proper where insured fails to provide medical documentation supporting determination of total disability.
Insurance Oct. 27, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 24, 2010