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Citizens of Humanity v. Applied Underwriters
In context of insurance policy agreement, federal McCarron-Ferguson Act operates to allow state law to reverse-preempt FAA and preclude mandatory arbitration. 		Insurance 2DCA/2 Nov. 27, 2017
McMillin Management Services, L.P. et al. v. Financial Pacific Insurance Company et al.
An insurance company has a duty to defend a third party's lawsuit if facts in the complaint suggest a claim covered by the policy. 		Insurance 4DCA/1 Nov. 15, 2017
The Traveler's Property Casualty Co. of America v. Actavis Inc.
Insurer has no duty to defend lawsuits filed by California counties against pharmaceutical companies accused of deceptive and fraudulent marketing of opioids. 		Insurance 4DCA/3 Nov. 8, 2017
State of California v. Continental Insurance Company
Damages are certain where ‘allocation of indemnity… turns exclusively on legal issues.’ 		Insurance 4DCA/2 Oct. 2, 2017
Salyers v. Metropolitan Life Insurance Co.
Widow entitled to higher dependent life insurance coverage she had been paying where insurer and agent’s actions constituted waiver of evidence of insurability requirement. 		Insurance 9th Sep. 21, 2017
Global Modular Inc. v. Kadena Pacific Inc.
Improper offset of jury’s award by amount paid in settlement agreement results in partial reversal in insurance coverage dispute. 		Insurance 4DCA/2 Sep. 12, 2017
Modification: Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy. 		Insurance 2DCA/3 Sep. 11, 2017
Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy. 		Insurance 2DCA/3 Sep. 5, 2017
Pulte Home Corp. v. American Safety Indemnity Co.
In insurance defense dispute, insurer unsuccessful in challenging adverse substantive rulings but wins reversal of punitive damages and attorney fee award under ‘Brandt v. Superior Court.’ 		Insurance 4DCA/1 Aug. 31, 2017
Mercury Casualty Co. v. City of Pasadena
City of Pasadena not liable under inverse condemnation theory for damage caused to homeowner’s property by fallen tree during 2011 wind storm. 		Insurance 2DCA/3 Aug. 28, 2017
Riddell Inc. v. Superior Court (Ace American Insurance Co.)
In dispute over insurance coverage for products liability action, football helmet manufacturers win partial victory in discovery dispute with insurers. 		Insurance 2DCA/7 Aug. 25, 2017
Hovannisian v. First American Title Insurance Co.
Purchasers of foreclosed property who later discover first deed of trust on property unsuccessful in challenging favorable ruling in title insurance company’s favor. 		Insurance 5DCA Aug. 15, 2017
Energy Ins. Mutual Ltd. v. Ace American Ins. Co.
Insured covered for ‘ordinary acts of negligence resulting in bodily injuries’ unless a professional liability exclusion ‘conspicuously, plainly and clearly’ provides that ‘acts of professional negligence will not be covered.’ 		Insurance 1DCA/4 Aug. 14, 2017
Duarte v. Pacific Specialty Insurance Co.
Insured successful in overturning ruling in insurer’s favor, where insurer fails to prove rescission defense. 		Insurance California Courts of Appeal Jul. 3, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. 		Insurance Jun. 15, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. 		Insurance May 31, 2017
Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan
California statute rendering insurance plans giving administrators discretion to determine benefit eligibility void not preempted by federal Employee Retirement Income Security Act. 		Insurance May 12, 2017
Stein v. Axis Insurance Co.
Demurrer improperly sustained in favor of insurer where willful misconduct exception from coverage did not apply to insured's tender of defense expenses. 		Insurance Apr. 10, 2017
Mercury Casualty Insurance Co. v. Jones
Insurance company unsuccessful in challenging Insurance Commissioner's decision rejecting its application for an increase on its homeowners' insurance rates. 		Insurance Feb. 14, 2017
Medina v. GEICO Indemnity Co.
Summary judgment properly granted in insurance company's favor, where employee's personal automobile policy does not cover 'non-owned' van furnished by her employer for her regular use. 		Insurance Feb. 9, 2017
Association of California Insurance Companies v. Jones
Insurance Commissioner has authority to promulgate regulation covering incomplete replacement cost estimates for homeowners insurance, resulting in reversal of judgment invalidating regulation. 		Insurance Jan. 23, 2017
Navigators Specialty Insurance Co. v. Moorefield Construction Inc.
Insured not required to pay portion paid by insured toward settlement that is attributable to attorney fees, costs of suit under supplementary payments provision. 		Insurance Dec. 28, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. 		Insurance Dec. 20, 2016
Advent Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Summary judgment properly granted in favor of subcontractor's excess insurance carrier, where contractor's excess insurance carrier fails to show worker's injuries caused by subcontractor. 		Insurance Dec. 6, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. 		Insurance Nov. 29, 2016
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio. 		Insurance Nov. 6, 2016
Liberty Surplus Insurance v. Ledesma and Meyer Construction
Whether there is an 'occurrence' under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party. 		Insurance Oct. 20, 2016
Attorneys Liability Protection Society Inc. v. Ingaldson Fitzgerald P.C.
Alaskan statute regulating risk retention groups preempted by Liability Risk Retention Act, thus permitting insurance company recovery of fees expended in defending non-covered claim. 		Insurance Sep. 25, 2016
Mills v. AAA Northern California, Nevada and Utah Insurance Exchange
Insurance company's cancellation of policy before accident occurred is lawful, resulting in affirmance of summary judgment in its favor in case challenging denial of coverage. 		Insurance Sep. 20, 2016
People ex rel. Allstate Insurance Co. v. Dahan
In qui tam action for insurance fraud, judgment-debtor defendants lack standing to challenge post-judgment order allocating judgment amount between prevailing plaintiffs. 		Insurance Sep. 18, 2016
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