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Wishnev v. The Northwestern Mutual Life Insurance Co.
Exempt lenders under Article XV of the California Constitution are not required to advise borrowers in writing that they are charging compound interest. 		Insurance CASC Nov. 15, 2019
California Insurance Guarantee Assoc. v. Azar
California Insurance Guarantee Association, not a primary plan under Medicare regulations, had no obligation to reimburse the Center for Medicare Services for conditional payments made on behalf of workers' compensation insureds. 		Insurance 9th Oct. 11, 2019
Target Corporation v. Golden State Ins. Co. Limited
Insurance company was not required to defend retailer against customer's lawsuit because there was no 'minimal causal connection' between the product distributed by its insured and customer's injury. 		Insurance 2DCA/6 Oct. 11, 2019
McHugh v. Protective Life Insurance
Insurance Code Sections 10113.71 and 10113.72 only applied to term life insurance policies issued or delivered after January 1, 2013, so they could not apply to the relevant policy as appellants claimed. 		Insurance 4DCA/1 Oct. 10, 2019
Terrell v. State Farm General Ins. Co.
Owner's maintenance of rental home was not an activity ordinarily incident to nonbusiness pursuits and thus insurance claim fell under business pursuits exclusion of homeowners insurance policy. 		Insurance 1DCA/1 Sep. 30, 2019
Southern Cal. Pizza Co., LLC v. Certain Underwriters at Lloyd's London
Disbursements for losses and work-related expenditures fell outside the scope of the parties' wage and hour exclusion under insurance policy; thus, judgment sustaining defendant's demurrer reversed. 		Insurance 4DCA/3 Sep. 24, 2019
Universal Cable v. Atlantic Specialty Ins.
District court erred in holding that war exclusion in television production insurance policy should be understood in its plain and ordinary sense instead of applying special meaning of terms in insurance context. 		Insurance 9th Jul. 15, 2019
People v. Suh
Insurance fraud under Penal Code Section 550 requires only that the claim be characterized by deceit, and no actual misstatement of fact in the claim is required. 		Insurance 2DCA/7 Jul. 10, 2019
McMillin Homes Construction v. Natl. Fire & Marine Ins. Co.
Insurance company owed general contractor duty to defend homeowner claim where subcontractor shared control of project; care, custody or control exclusion requires exclusive or complete control. 		Insurance 4DCA/1 Jun. 7, 2019
Modification: Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated. 		Insurance 4DCA/3 Jun. 6, 2019
Jozefowicz v. Allstate Ins. Co.
Plaintiff could not prevail under Section 3309 of California Uniform Commercial Code where insurance company issued check to contractor as plaintiff's representative and contractor transferred check to bank. 		Insurance 4DCA/3 May 30, 2019
Mazik v. GEICO General Insurance Co.
Insurance company's regional liability administrator who had authority over the settlement of claims fit the definition of 'managing agent' involved in any act of bad faith under Civil Code Section 3294(b). 		Insurance 2DCA/2 May 20, 2019
Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated. 		Insurance 4DCA/3 May 10, 2019
Ingenco Holdings v. Ace Amer. Ins. Co.
If an insured violates a condition precedent in a policy agreement, an insurer nonetheless may not deny coverage under the policy absent prejudice. 		Insurance 9th Apr. 16, 2019
Western Heritage Insurance Co. v. Frances Todd, Inc.
Generally, subrogation is not permitted when the policy is intended by the parties to the lease to benefit the lessee. 		Insurance 1DCA/5 Apr. 4, 2019
Komorsky v. Farmers Insurance Exchange
Insurance Code Section 11580.2(a)(1) expressly excludes umbrella automobile insurance policies, and a policy's plain language, not the language of an underlying policy, determines who shall be paid benefits. 		Insurance 2DCA/4 Apr. 3, 2019
Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.
A collateral agreement materially modifying the dispute resolution terms of an insurance policy must be submitted along with the policy for regulatory approval under Insurance Code Section 11658. 		Insurance 6DCA Apr. 1, 2019
Modification: Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Mar. 28, 2019
Insurance Co. of the State of Pennsylvania v. American Safety Indemnity Co.
Because judgment was secured against the insured 'in an action based upon... property damage,' the judgment creditor plaintiff may 'recover on the judgment' under Insurance Code Section 11580. 		Insurance 2DCA/8 Mar. 4, 2019
Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Feb. 27, 2019
Westport Insurance v. California Casualty Management
California Government Code Section 825.4 did not preclude primary insurer's claim because it does not contain a blanket ban on an employee's insurer contributing to the employee's defense and settlement costs. 		Insurance 9th Feb. 21, 2019
Luxor Cabs, Inc. v. Applied Underwriters Captive Risk
An insurer cannot circumvent the comprehensive regulatory structure applicable to the issuance of workers' compensation insurance simply by amending its approved policy forms through a side agreement with a subsidiary. 		Insurance 1DCA/4 Jan. 7, 2019
People v. Hamilton
Appellant's convictions under Insurance Code Section 1871.4(a)(1) not supported by substantial evidence because that statute covers California workers' compensation laws, not federal employees of U.S. Postal Service. 		Insurance 4DCA/1 Dec. 26, 2018
Case v. State Farm Mutual Automobile Ins. Co., Inc.
Under a bad faith claim, an insurer's denial of or delay in paying benefits gives rise to tort damages only if the insured shows the denial or delay was unreasonable. 		Insurance 2DCA/4 Dec. 20, 2018
Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc.
Insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation; thus judgment on the pleadings was proper. 		Insurance 3DCA Dec. 4, 2018
Modification: Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Nov. 19, 2018
Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Oct. 18, 2018
Jones v. IDS Property Casualty Insurance Co.
Insurance company's per-person limit was properly applied to limit payout of damages, though separate damages had been awarded to spouse for loss of consortium, as latter arises from 'bodily injury to...spouse who can no longer perform.' 		Insurance 3DCA Sep. 27, 2018
PacifiCare Life & Health Ins. Co. v. Jones
Insurance Commissioner's regulation defining 'unfair claims settlement practice' by including 'a single violation knowingly committed' was consistent with Insurance Code Section 790.03(h). 		Insurance 4DCA/3 Sep. 24, 2018
Villanueva v. Fidelity National Title Company
Plaintiffs' class action was barred by Insurance Code Section 12414.26 because its theories related to ratemaking; thus Insurance Commissioner has exclusive original jurisdiction over Plaintiffs' claims. 		Insurance 6DCA Sep. 11, 2018
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