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Modification: Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel.
Insurance 2DCA/8 Oct. 7, 2021
Mudpie Inc. v. Travelers Casualty Insurance Company of America
Because COVID-19 and government orders did not cause physical damage, an insured could not recover business income losses under its insurance policy.
Insurance 9th Oct. 4, 2021
Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel.
Insurance 2DCA/8 Sep. 21, 2021
McHugh v. Protective Life Insurance Co.
Insurance Code Sections 10113.71 and 10113.72 apply to all life insurance policies in force when these two sections went into effect, regardless of when the policies were originally issued.
Insurance CASC Aug. 31, 2021
Munden v. Stewart Title Guaranty Co.
District court erred in its interpretation of insurance policy under Idaho law.
Insurance 9th Aug. 16, 2021
Antonopoulos v. Mid-Century Insurance Co.
Triable issue of material fact existed as to insurance company's duty to cover plaintiffs' losses incurred during policy lapse because there was no proof reinstatement was retroactive.
Insurance 1DCA/2 Apr. 29, 2021
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association.
Insurance 2DCA/8 Apr. 28, 2021
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association.
Insurance 2DCA/8 Apr. 21, 2021
Adir International v. Starr Indemnity & Liability Company
California Insurance Code Section 533.5(b), which nullifies insurance company's duty to defend, does not facially violate party's due process right to retain counsel.
Insurance 9th Apr. 16, 2021
Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association.
Insurance 2DCA/8 Apr. 15, 2021
Modification: Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed.
Insurance 4DCA/2 Apr. 14, 2021
Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed.
Insurance 4DCA/2 Mar. 22, 2021
Modification: Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably.
Insurance 2DCA/1 Mar. 22, 2021
Villanueva v. Fidelity National Title Company
Immunity under Insurance Code Section 12414.26 does not extend to insurers charging rates not yet filed with the Insurance Commissioner.
Insurance CASC Mar. 19, 2021
Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably.
Insurance 2DCA/1 Mar. 10, 2021
Gray v. Quicken Loans
Civil Code Section 2954.8 does not require plaintiff's lender to pay interest on plaintiff's hazard insurance proceeds unless there was a written agreement between the parties to pay the interest.
Insurance 2DCA/6 Mar. 4, 2021
Guastello v. AIG Specialty Insurance Company
Triable issue of fact existed regarding when insurer's obligation to provide coverage was triggered under an occurrence policy.
Insurance 4DCA/3 Feb. 23, 2021
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
Insurance policy's 60-day vacancy provision unambiguously counted backwards from the date of the loss, regardless of property ownership.
Insurance 1DCA/4 Nov. 25, 2020
Truck Insurance Exchange v. AMCO Insurance Co.
Because liability arose from restaurant's use of premises, landlords were additional insureds under restaurant's insurance policy; thus, landlord's insurer was entitled to equitable contribution.
Insurance 2DCA/4 Oct. 28, 2020
Dones v. Life Insurance Co. of North America
Trial court erred in sustaining insurance company's demurrer because plaintiff's allegations that insurance company waived precondition to coverage were sufficient to withstand demurrer.
Insurance 1DCA/2 Oct. 9, 2020
Axis Reinsurance v. Northrup Grumman
An excess insurer may not challenge underlying insurer's payment decision as outside the scope of coverage absent showing of fraud or bad faith.
Insurance 9th Sep. 15, 2020
Modification: Ghazarian v. Magellan Health, Inc.
To avoid bad faith liability, it is not enough that insurer's ultimate decision might be considered reasonable at first glance.
Insurance 4DCA/3 Sep. 2, 2020
Oak Valley Hospital Dist. v. State Dept. of Health Care Services
Defendant failed to prove that plaintiff received double compensation for in-house medical treatment of its employees.
Insurance 3DCA Aug. 13, 2020
Ghazarian v. Magellan Health
To avoid bad faith liability, it is not enough that insurer's ultimate decision might be considered reasonable at first glance.
Insurance 4DCA/3 Aug. 12, 2020
Carter v. Pulte Home Corporation
Trial court did not violate its own in limine orders and did not deny appellant's right to a fair trial.
Insurance 1DCA/2 Jul. 24, 2020
SantaFe Braun v. Ins. Co. of North America
Trial court erred in interpreting the policies to require horizontal exhaustion of all primary and underlying excess insurance coverage before accessing coverage under the excess policies.
Insurance 1DCA/3 Jul. 15, 2020
Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Insurance CASC Jun. 1, 2020
501 East 51st Street etc. v. Kookmin Best Ins. Co., Ltd.
Trial court correctly determined that there was no material dispute whether defendant's denial of plaintiff's insurance claim, based on its expert report, was in good faith.
Insurance 2DCA/8 Apr. 20, 2020
Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Insurance CASC Apr. 7, 2020
Kanovsky v. At Your Door Self Storage
Trial court properly granted defendant's motion for summary judgment because plaintiffs contracted to accept risk, elected to be self-insured and then retroactively demanded to be paid for water damage.
Insurance 2DCA/8 Nov. 27, 2019