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Centex Homes v. St. Paul Fire and Marine Insurance Co.
Developer's declaratory action against subcontractor's insurer regarding allocation of defense costs and fees is premature because insured's potential liability was still unknown. 		Insurance May 26, 2015
Albert v. Mid-Century Insurance Co.
Lawsuit stemming from trimming of neighbor's trees based on intentional, nonaccidental conduct is excluded from coverage under insurance policy. 		Insurance May 20, 2015
Prichard v. MetLife Ins. Co.
Where other documentation exists, Summary Plan Description of retirement plan does not constitute governing terms of plan. 		Insurance Apr. 21, 2015
Crown Capital Securities L.P. v. Endurance American Specialty Insurance Co.
Insurer properly denies coverage to undisclosed claims under application provision that excluded coverage for claims arising from previously disclosed claim. 		Insurance Apr. 12, 2015
Association of California Insurance Cos. v. Jones
Insurance Commissioner lacks authority to promulgate regulation related to homeowner insurance involving replacement coverage. 		Insurance Apr. 8, 2015
Alterra Excess & Surplus v. Estate of Buckminster Fuller
Intellectual property rights exclusion in insurance policy bars coverage of right of publicity claims. 		Insurance Mar. 10, 2015
DuBeck v. California Physicians’ Service
Blue Shield’s delayed assertion of its right to rescind constituted a waiver of its rights to do so. 		Insurance Mar. 5, 2015
Gonzalez v. Fire Insurance Exchange
Refusal to defend insured, though plaintiff’s complaint and policy’s express coverage had some overlap, may have been breach of contract. 		Insurance Mar. 4, 2015
Windsor Food Quality Co. Ltd. v. The Underwriters of Lloyds of London
Food manufacturer cannot file insurance claim based on USDA recall of supplier’s allegedly contaminated beef product. 		Insurance Mar. 3, 2015
Harrington v. EquiTrust Life Ins. Co.
Affirmative misrepresentation, or non-disclosure coupled with independent duty, required for racketeering suit to reach trial. 		Insurance Feb. 24, 2015
McMillin Companies LLC v. American Safety Indemnity Co.
Denial of insurer’s summary judgment motion on duty to defend for failure to meet initial burden does not necessarily establish such duty. 		Insurance Jan. 23, 2015
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim. 		Insurance Jan. 22, 2015
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs. 		Insurance Dec. 19, 2014
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs. 		Insurance Nov. 25, 2014
Elliott v. Geico Indemnity Co.
Insurer is not required to pay insured any benefits under underinsured motorist provision, when insured already recovered more than policy limit from third-party tortfeasor. 		Insurance Nov. 19, 2014
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began. 		Insurance Nov. 16, 2014
Graciano v. Mercury General Corp.
Insurer does not wrongfully refuse to settle third party’s car accident claim, when third party’s attorney misidentified insured and his policy number. 		Insurance Nov. 13, 2014
RNT Holdings LLC v. United General Title Insurance Co.
Insured fails to allege claim for breach of insurance contract because subsequent reconveyance of mortgage effectively relieved insurer of liability under policy. 		Insurance Oct. 28, 2014
Snyder v. California Insurance Guarantee Association
Statute of limitations does not bar action against California Insurance Guarantee Association for declaration of obligations, if insured has not yet acquired covered claim. 		Insurance Oct. 8, 2014
Baek v. Continental Casualty Co.
Insurer has no duty to defend massage therapist under employer’s policy for alleged sexual assault, which took place during massage at workplace. 		Insurance Oct. 6, 2014
Ellena v. Dept. of Insurance
Employee who was denied disability benefits may sue Dept. of Insurance on allegations that Commissioner failed to review policy to ensure compliance with law. 		Insurance Oct. 1, 2014
Mercury Casualty Co. v. Chu
Insurer may not exclude coverage for roommate's judgment against insured driver under 'resident exclusion' because they were not household family members. 		Insurance Sep. 24, 2014
Scottsdale Insurance Co. v. National Continental Insurance Co.
When two valid policies apply to same vehicle involved in crash, policy describing vehicle is primary policy, while other policy is excess. 		Insurance Sep. 17, 2014
Jon Davler Inc. v. Arch Insurance Co.
Insurer may deny coverage to company based on employment-related practices exclusion, including claim that supervisor falsely imprisoned her employees. 		Insurance Sep. 15, 2014
Douglas v. Fidelity National Insurance Co.
Insurer may present evidence that another company acted as broker in support of defense that misrepresentations were made on insurance application. 		Insurance Sep. 2, 2014
Encompass Insurance Co. v. Coast National Insurance Co.
Insurance companies may not refuse to provide defense to insured because unloading injured passenger from motor vehicle constitutes 'use' of that vehicle. 		Insurance Aug. 13, 2014
Interstate Fire & Casualty Co. Inc. v. Roman Catholic Church of the Diocese of Phoenix
Insurer need not indemnify Catholic Church diocese that settled alleged sexual abuse cases where policy’s assault and battery exclusion precludes coverage for ‘any insured.’ 		Insurance Jul. 30, 2014
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. 		Insurance Jul. 22, 2014
Upasani v. State Farm General Insurance Co.
State Farm does not need to defend or indemnify policyholders who were sued for conspiring to abduct infant, because lawsuit did not involve ‘accidental conduct.’ 		Insurance Jun. 29, 2014
Maslo v. Ameriprise Auto & Home Insurance
Insured may sue insurer for bad faith by forcing him to arbitrate uninsured motorist claim without adequately investigating, evaluating and attempting to resolve it first. 		Insurance Jun. 29, 2014
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