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Demer v. IBM Corp LTD Plan
Insurer MetLife abused discretion by denying long term disability benefits to insured based on reviews conducted by independent physician consultants who only reviewed insured's medical files.
Insurance Aug. 28, 2016
Barickman v. Mercury Casualty Co.
Insurer breaches duty of good faith and fair dealing by unreasonably refusing to settle action due to its misunderstanding of clause concerning court-ordered restitution.
Insurance Aug. 17, 2016
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer.
Insurance Aug. 8, 2016
Baldwin v. AAA Northern California et al.
Insured unsuccessful in overturning dismissal of complaint against insurance company where clear policy language permitted insurance company to repair vehicle rather than pay value of loss.
Insurance Jul. 15, 2016
Equity Income Partners LP v. Chicago Title Insurance Company
Order
Insurance Jul. 13, 2016
Paslay v. State Farm General Insurance Co.
Homeowners may maintain breach of insurance contract action against insurer for unpaid policy benefits in connection with water damage to their home.
Insurance Jun. 28, 2016
Nickerson v. Stonebridge Life Insurance Co.
'Brandt' fees may be included in calculation of punitive-compensatory damages ratio in determining constitutionality of punitive damages award regardless of whether fees were awarded postverdict.
Insurance Jun. 9, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy.
Insurance May 11, 2016
D. Cummins Corp. v. United States Fidelity and Guaranty Co.
Parent and controlling shareholder lacks standing to seek declaratory relief regarding insureds' duty to defend its corporation in asbestos-related lawsuits.
Insurance May 2, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy.
Insurance Apr. 12, 2016
The People ex rel. Government Employees Insurance Co. v. Cruz
Trial court improperly binds insurer to certain interrogatory responses, allowing doctor to prevail on summary judgment in alleged insurance fraud conspiracy.
Insurance Feb. 19, 2016
Amco Insurance Co. v. All Solutions Insurance Agency LLC
Summary judgment in insurance broker's favor should have been denied where plaintiffs' claims are not limited by equitable subrogration principles.
Insurance Feb. 10, 2016
Haering v. Topa Insurance Co.
Uninsured/underinsured motorist coverage is not provided under plaintiff's excess liability policy that incorporates by reference underlying primary policy including such coverage.
Insurance Feb. 4, 2016
Vardanyan v. Amco Insurance Co.
Trial court's intended jury instruction violates efficient proximate cause doctrine, warranting reversal of grant of directed verdict in insurer's favor.
Insurance Jan. 8, 2016
Heckart v. A-1 Self Storage Inc. et al.
'Protection Plan' modifying self-storage rental agreement's allocation of liability for loss or damage is not insurance subject to regulation under the Insurance Code.
Insurance Dec. 31, 2015
Nationwide Mutual Ins. v. Shimon
Auto insurance policy excluding coverage for 'regular use' of non-owned vehicle bars coverage for teenager's accident under mother's policy.
Insurance Dec. 18, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Nov. 17, 2015
Grebow v. Mercury Insurance Co.
Insurer not liable for reimbursement costs in connection with repairs to homeowners' rear deck to prevent imminent insurable damage.
Insurance Oct. 27, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Oct. 26, 2015
Grebow v. Mercury Insurance Co.
Insurer not liable for reimbursement costs in connection with repairs to homeowners' rear deck to prevent imminent insurable damage.
Insurance Oct. 23, 2015
RSL Funding v. Alford
Order approving assignment of annuity payment violates Structured Settlement Protection Act because annuity issuer may not be required to divide payments.
Insurance Sep. 11, 2015
Sequeira v. Lincoln National Life Ins. Co.
Ambiguity in supplemental insurance policy regarding whether insured had to be at work on New Year's Day is interpreted in favor of insured's reasonable expectations.
Insurance Sep. 2, 2015
Fluor Corp. v. Superior Court (Hartford Accident & Indemnity Co.)
California Supreme Court overturns case law that placed limitations on assignment of third party liability insurance benefits to the extent it contravened Insurance Code Section 520.
Insurance Aug. 21, 2015
RSL Funding v. Alford
Order approving assignment of annuity payment violates Structured Settlement Protection Act because annuity issuer may not be required to divide payments.
Insurance Aug. 20, 2015
Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.
Insurer may seek reimbursement for excessive fees charged by insured's counsel in third-party action.
Insurance Aug. 11, 2015
Williams v. National Union Fire Insurance Co. of Pittsburgh, PA
Insurer properly denied accidental death benefits to insured's family because insured's death from Deep Vein Thrombosis did not constitute 'accident' under policy.
Insurance Jul. 7, 2015
Kaady v. Mid-Continent Casualty Co.
Summary judgment for insurance company inappropriate where sufficient evidence regarding 'known loss' is not presented.
Insurance Jun. 25, 2015
Lee v. Cal. Capital Insurance Co.
Overbroad interpretation of insurance appraisal panel's purview renders court order an error.
Insurance Jun. 21, 2015
Guam Industrial Services Inc. v. Zurich American Insurance Co.
Insurer not liable for cost of retrieving oil barrels from sea where no oil ever leaked out and barrel itself did not constitute 'pollutant.'
Insurance Jun. 1, 2015
Stankova v. Metropolitan Property and Casualty Insurance Co.
Homeowner may proceed with lawsuit against insurer that denied coverage, where home was destroyed by mudslide resulting from wildfire.
Insurance May 31, 2015