Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E060421
|
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 | |
S211645
|
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 | |
13-55719
|
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 | |
13-35036
|
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 | |
A136280
|
Lee v. Cal. Capital Insurance Co.
Overbroad interpretation of insurance appraisal panel's purview renders court order an error. |
Insurance |
|
Jun. 21, 2015 | |
13-17005
|
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 | |
12-17575
|
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 | |
E060057
|
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 | |
B257792
|
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 | |
12-17355
|
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 | |
B256241
|
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 | |
B248622
|
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 | |
A140453
|
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 | |
B250129
|
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 | |
H039368
|
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 | |
E058324
|
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 | |
12-17119
|
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 | |
D063586
|
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 | |
C071210
|
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim. |
Insurance |
|
Jan. 22, 2015 | |
A135938
|
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 | |
A135938
|
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 | |
C072129
|
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 | |
12-55351
|
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 | |
D061956
|
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 | |
B250089
|
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 | |
A139263
|
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 | |
B251201
|
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 | |
A137268
|
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 | |
G049132
|
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 | |
C071416
|
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 |