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California Capital Insurance Co. v. Employers Compensation Insurance Co.
Employer's workers' compensation insurer was not liable for equitable compensation because its policy did not cover the same bodily injury risk as employer's general liability insurer's policy. 		Insurance 4DCA/3 Mar. 22, 2023
State of California ex. rel. Sills v. Gharib-Danesh
Limitations period was stayed for the 962 days the insurance fraud complaint was under seal while under agency investigation because plaintiff could not take any litigative action during this time. 		Insurance 2DCA/1 Feb. 28, 2023
Best Rest Motel, Inc. v. Sequoia Insurance Co.
No insurance coverage for hotel's lost business income where the evidence indicated the loss was not directly caused by physical loss or damage caused by COVID-19. 		Insurance 4DCA/1 Feb. 27, 2023
Modification: John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. 		Insurance 1DCA/4 Jan. 25, 2023
State of California v. Encino Hospital Medical Center
Hospital's general acute care license was sufficient and a separate chemical dependency license was unnecessary to bill insurers for detox services. 		Insurance 2DCA/1 Jan. 24, 2023
Shusha, Inc. v. Century-National Insurance Co.
Sustaining demurrer was not appropriate where complaint alleged that the COVID-19 virus adhered to and physically changed surfaces in insured's restaurant into fomities. 		Insurance 2DCA/7 Jan. 9, 2023
LaBarbera v. Security National Insurance Company
Indemnitee of insured construction company was not a third-party beneficiary of insurance policy's indemnitee defense clause and was thus not entitled to recover expenses incurred in underlying personal injury suit against both parties. 		Insurance 3DCA Dec. 30, 2022
John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. 		Insurance 1DCA/4 Dec. 29, 2022
Olson v. La Jolla Neurological Associates
Neurosurgeon and his professional corporation were not liable as "debt collectors" under the Rosenthal Fair Debt Collection Practices Act for hiring a third-party billing service to collect medical payments. 		Insurance 4DCA/1 Nov. 25, 2022
Collier v. Lincoln Life Assurance Company of Boston
Adopting rationale for denying disability claim that was not presented to the claimant during the administrative process during de novo review was error that undermined ERISA protections. 		Insurance 9th Nov. 22, 2022
Cover Right Roofing, Inc. v. State Compensation Insurance Fund
Workers' compensation insurer was not obligated to provide notice to insured employer of higher base rate resulting from employer's change of governing classification. 		Insurance 4DCA/3 Nov. 21, 2022
Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Violating a person's right to privacy may fall under general commercial liability insurance policy containing ambiguous provisions. 		Insurance CASC Nov. 18, 2022
Randle v. Farmers New World Life Insurance Co.
Since insurance policy's requirements for changing ownership do not control over the provisions of a contract of which the insurer has notice, summary judgment was improper where dispute existed over insurance company's knowledge. 		Insurance 2DCA/8 Nov. 9, 2022
Bliss Sequoia Insurance & Risk Advisors Inc. v. Allied Property & Casualty Insurance Co.
Under Oregon law, the phrase "because of bodily injury" in insurance policy included only damages reasonably or foreseeably resulting from bodily injury, not just any that may arise in lawsuits connected to someone's injury. 		Insurance 9th Oct. 28, 2022
Apple Annie, LLC v. Oregon Mutual Ins. Co.
Restaurants' business interruption claim failed because mere loss of use of physical property to generate business income, without physical impact on the property, did not give rise to insurance coverage for direct physical loss. 		Insurance 1DCA/2 Sep. 7, 2022
24th & Hoffman Investors, LLC v. Northfield Ins. Co.
Insurer was not obliged to defend insured against tenants' lawsuit because tenants' claims were excluded under policy's provision excluding liability for violations of insured's duty of habitability. 		Insurance 1DCA/3 Sep. 1, 2022
Mull v. Motion Picture Industry Health Plan
ERISA did not prevent a plan fiduciary from implementing a self-help remedy under the terms of a health care plan since ERISA merely excluded other unauthorized causes of action. 		Insurance 9th Jul. 26, 2022
Thompson v. Crestbrook Insurance Company
Issue preclusion applied to subsequent litigation against different insurers where the prior litigation was based on the same underlying facts and concerned an identical issue of policy coverage. 		Insurance 1DCA/4 Jul. 18, 2022
Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Insurance Co.
Insurance policy that covered "direct physical loss or damage" to properties may have covered COVID-19 damages since plaintiffs alleged a distinct physical alteration of the property caused by the virus. 		Insurance 2DCA/7 Jul. 14, 2022
Williams v. National Western Life Insurance Co.
Insurer was liable for agent's misconduct since an agent submitting a life insurance policy is the insurer's agent under Insurance Code Section 1704.5, even when the agent violates restrictions on his authority. 		Insurance 3DCA May 11, 2022
Ghukasian v. Aegis Security Insurance Company
Policyholder's mistake regarding property lines did not make her renovation damage to neighbor's property an accident for the purposes of coverage. 		Insurance 2DCA/4 May 6, 2022
Dameron Hospital Association v. AAA Northern California, Nevada & Utah Insurance Exchange
Under the Knox-Keene Health Care Services Plan Act, hospital could not enforce conditions of admission since they were collecting more payment from the client than was negotiated with the insurance company. 		Insurance 3DCA Apr. 28, 2022
United Talent Agency v. Vigilant Insurance Co.
COVID-19 losses to United Talent Agency's property did not constitute 'physical loss or damage' under insurance policy because the virus damaged people, not the property itself. 		Insurance 2DCA/4 Apr. 26, 2022
Musso & Frank Grill v. Mitsui Sumitomo Insurance USA
A business interruption policy that covers physical loss and damages does not provide coverage for losses incurred by reason of the COVID-19 pandemic. 		Insurance 2DCA/1 Apr. 25, 2022
Certain Underwriters at Lloyd's v. Conagra Grocery
Successor corporation was held liable for the willful public nuisance created by its predecessor and was therefore not entitled to indemnity from its insurers. 		Insurance 1DCA/2 Apr. 21, 2022
People ex rel. Ellinger v. Magill
A person cannot bring a qui tam action under Section 1871.7 of the Insurance Frauds Prevention Act against an insurance company since the statute only addresses deceptive conduct against the insurer. 		Insurance 4DCA/2 Apr. 13, 2022
Williams v. National Western Life Insurance Co.
An insurer was charged with its agent's knowledge that life insurance policies were unsuitable for elderly plaintiff. 		Insurance 3DCA Mar. 7, 2022
American National Property and Casualty Co. v. Gardineer
Insured's umbrella policy, by its plain and unambiguous terms, did not provide coverage for entrustment liability arising from entrustee's use of insured's vehicle. 		Insurance 9th Feb. 14, 2022
Ernst and Haas Management Co. v. Hiscox, Inc.
The district court erred by relying on the facts of an embezzlement case instead of applying the insurance policy terms to the facts of the case. 		Insurance 9th Jan. 27, 2022
Modification: Church Mutual Insurance Co. v. GuideOne Specialty Mutual Insurance
An insurer was not entitled to equitable contribution from another insurer even though both policies covered the risk of fire damage to the same church building. 		Insurance 3DCA Jan. 12, 2022
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