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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. 20, 2010
Luna v. Astrue
Remand to agency is proper to determine questions between initial denial of disability insurance benefits and subsequent award based on two different applications. 		Insurance Oct. 12, 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. 6, 2010
Arrowood Indemnity Co. v. Travelers Indemnity Co. of Connecticut
In action for equitable contribution, insurer who indemnified and defended insured bears burden of showing coverage under non-participating co-insurer’s policy. 		Insurance Oct. 6, 2010
Silvers v. State Board of Equalization
Unlicensed surplus line insurers in California, are not subject to tax imposed for ‘doing business’ in state under California Constitution. 		Insurance Sep. 30, 2010
HCM Healthcare Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association cannot cover claim of policyholder whose insurer became insolvent if claim is not ‘covered claim’ under Insurance Code Section 1063.1. 		Insurance Sep. 28, 2010
Berry v. Astrue
Considerations regarding disability insurance claimant’s ability to pass mandatory drug test to obtain past relevant work must be evaluated in determining disability status. 		Insurance Sep. 23, 2010
Phoenix Memorial Hospital v. Sebelius
Medicaid reimbursement calculation excludes patients who are ineligible for Medicaid even if they qualify for medical assistance under state program. 		Insurance Sep. 22, 2010
Colony Insurance Co. v. Crusader Insurance Co.
Insurer may deny coverage after discovery of material misrepresentation made in policy application, despite failure to follow its own internal guidelines. 		Insurance Sep. 21, 2010
Lee v. Fidelity National Title Insurance Co.
Title insurer may not avoid liability based on ambiguous legal description of property in policy where ambiguity is resolved in favor of insured. 		Insurance Sep. 17, 2010
California Hospital Association v. Maxwell-Jolly
Dept. of Health Care Services must study contemplated rate changes or rely on studies before changing Medi-Cal reimbursement rates for nursing facilities. 		Insurance Sep. 17, 2010
Mallard v. Progressive Choice Insurance Co.
Use of subpoenas to conduct discovery in contractual arbitration of uninsured motorist claim is act arising from protected activity for anti-SLAPP purposes. 		Insurance Sep. 16, 2010
Chicago Title Insurance Co. v. AMZ Insurance Services Inc.
Court properly instructs jury that document constitutes insurance ‘binder’ as matter of law, obligating insurance company to provide coverage pending policy issuance. 		Insurance Sep. 13, 2010
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period. 		Insurance Sep. 10, 2010
Sprinkles v. Associated Indemnity Corp.
Insurer does not have duty to defend insured employee under commercial general liability policy for injury related to automobile accident. 		Insurance Sep. 2, 2010
Uhm v. Humana Inc.
Breach of contract claim based on health insurance provider’s failure to provide benefits is preempted by federal law. 		Insurance Aug. 31, 2010
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Insured may not bypass rules governing rescission of release although it had signed release and waiver of all future claims against insurer. 		Insurance Aug. 31, 2010
HCM Healthcare Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association cannot cover claim of policyholder whose insurer became insolvent if claim is not ‘covered claim’ under Insurance Code Section 1063.1. 		Insurance Aug. 31, 2010
MRI Healthcare Center of Glendale Inc. v. State Farm General Insurance Co.
Insurer may deny claim by MRI scanning service provider for damage to machine after machine's failure to ramp up after demagnetization. 		Insurance Aug. 19, 2010
Schwartz v. Poizner
Insurance Commissioner lacks ministerial duty to seek additional relief for purported class of insureds in aftermath of settlement with insurers. 		Insurance Aug. 16, 2010
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period. 		Insurance Aug. 12, 2010
Essex Insurance Co. v. Heck
Insurer waives any claim for equitable subrogation when it enters into settlement agreement without identifying its insured or apportioning payment. 		Insurance Jul. 30, 2010
Clarendon America Insurance Co. v. StarNet Insurance Co.
Provision to defend against any suit in commercial general liability insurance policy includes duty to defend insured in Calderon Act proceedings. 		Insurance Jul. 28, 2010
Mitchell v. CB Richard Ellis Long Term Disability Plan
Insurer’s policy does not exclude coverage where date of disability onset occurred before plan’s effective date. 		Insurance Jul. 27, 2010
L.A. Checker Cab Cooperative Inc. v. First Specialty Insurance Co.
‘Bodily Injury’ provision of insurance policy does not cover taxi company for employee driver’s assault and battery. 		Insurance Jul. 14, 2010
Clarendon America Insurance Co. v. North American Capacity Insurance Co.
Insurer fails to prove no duty to defend exists where insured may have had reasonable expectation that self-insured retention applied to entire action. 		Insurance Jul. 8, 2010
S.B.C.C. Inc. v. St. Paul Fire & Marine Insurance Co.
Allegations of complaint against insured construction company does not trigger insurer’s duty to defend under policy’s advertising and personal injury liability provisions. 		Insurance Jul. 2, 2010
Pennsylvania General Insurance Co. v. American Safety Indemnity Co.
Summary judgment is erroneously granted to insurer where facts are disputed on when damages sought in construction defect litigation first commenced. 		Insurance Jun. 30, 2010
Blankenship v. Allstate Insurance Co.
Insured’s minority does not excuse requirement to file suit, demand arbitration, or settle within two-year limitations period before suing uninsured motorist insurer. 		Insurance Jun. 30, 2010
Yoo v. Shewry
After Dept. withholds Medi-Cal payments on suspicion of wrongdoing, it is not required to pay interest when payments are disbursed to provider. 		Insurance Jun. 30, 2010
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