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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
People ex rel. Allstate Insurance Company v. Discovery Radiology
Nonphysician's control over medical corporations' radiology services constituted an illegal, unlicensed practice of medicine which could be the basis for insurance fraud claims. 		Insurance 2DCA/3 Aug. 17, 2023
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 Aug. 10, 2023
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. 4, 2023
The Oregon Clinic, PC. v. Fireman's Fund Insurance Co.
Under Oregon law, insured's mere loss of use of property due to COVID-19 was not covered under commercial insurance property because it did not allege direct physical loss or damage of the property. 		Insurance 9th Aug. 1, 2023
Allied Premier Ins. v. United Financial Casualty Co.
An uncancelled certificate of insurance that remains on file with the DMV does not cause the corresponding insurance policy to remain in effect in perpetuity. 		Insurance CASC Jul. 25, 2023
Rosenberg-Wohl v. State Farm Fire and Casualty Co.
Plaintiff's Unfair Competition Law claim was time barred by the one-year limitation provision in her homeowner insurance policy because the gravamen of her claim arose out of the parties' contractual relationship. 		Insurance 1DCA/2 Jul. 13, 2023
Wong v. Stillwater Insurance Co.
Married couple was not covered for "direct physical loss" by their insurance policy since there was no direct evidence that their stored embryos had gone through a demonstrable physical alteration. 		Insurance 1DCA/2 Jul. 5, 2023
Bennett v. Ohio National Life Assurance Corp.
Statutes of limitation for insured's breach of contract and covenant of good faith claims against insurance company did not begin to run until the company stopped making disability payments. 		Insurance 1DCA/3 Jun. 21, 2023
Dua v. Stillwater Insurance Company
Because dog bite lawsuit against insured was potentially covered, insurance company was required to investigate and negate all facts leading to coverage before denying coverage. 		Insurance 2DCA/2 May 8, 2023
Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Company
Business interruption policy that covered physical loss and damages precluded coverage for losses resulting from government-ordered suspension of operations during COVID-19 pandemic. 		Insurance 2DCA/7 May 3, 2023
Santa Ynez Band of Chumash v. Lexington Insurance Co.
Summary judgment for insurer on property damage claim was appropriate where insured provided no evidence of what specific covered property had been damaged. 		Insurance 2DCA/6 May 1, 2023
Coast Restaurant Group, Inc. v. AmGUARD Insurance Company
Although government shutdown order due to COVID-19 caused direct physical loss of property, the loss was excluded from policy's coverage under other exclusions. 		Insurance 4DCA/3 Apr. 11, 2023
Santa Clara Valley Water Dist. v. Century Indemnity Co.
Water district's act of unilaterally agreeing to Consent Decree in regards to mercury contamination claim barred it from seeking indemnification under third-party insurance contract's No Voluntary Payment provision. 		Insurance 6DCA Apr. 3, 2023
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
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