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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
Regional Steel Corp. v. Liberty Surplus Insurance Corp.
Insurance company does not have to defend subcontractor, because alleged damages occurred outside of policy’s effective period and did not involve property damage.
Insurance Jun. 16, 2014
Hartford Casualty Insurance Co. v. Swift Distribution Inc.
Insurer has no duty to defend insured under policy covering ‘personal and advertising injury’ where lawsuit did not involve disparagement of other company's product.
Insurance Jun. 13, 2014
ReadyLink Healthcare Inc. v. State Compensation Insurance Fund
Federal court incorrectly abstains from deciding claim that IRS regulations preempted California Dept. of Insurance’s decision regarding premium calculation.
Insurance Jun. 13, 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 Jun. 11, 2014
Pyramid Technologies Inc. v. Hartford Casualty Insurance Co.
In insurance coverage dispute, district court improperly excludes expert witness reports that would have helped determine whether warehouse flooding caused damages.
Insurance May 20, 2014
Progressive Gulf Insurance Co. v. Faehnrich
Mississippi choice-of-law provision in automobile insurance policy applies to bar coverage for injuries suffered by family in rollover vehicle accident in Nevada.
Insurance May 8, 2014
Global Hawk Insurance Co. v. Le
Insurer may have to defend employer due to its refusal to pay driver for injuries suffered while on cross-country trip, if driver is not an employee.
Insurance Apr. 15, 2014
Bock v. Hansen
Homeowners may sue insurance adjuster for negligent misrepresentation where he falsely stated that their policy did not cover cost of cleaning up damage to their home.
Insurance Apr. 4, 2014
North Counties Engineering Inc. v. State Farm General Insurance Co.
Court improperly issues directed verdict for insurer when its own claims representatives admitted it had duty to defend construction company at trial.
Insurance Mar. 14, 2014
Mark Tanner Construction Inc. v. HUB International Insurance Services Inc.
General contractors may not sue their insurance broker for advising them to join self-insured workers' compensation program that later failed.
Insurance Mar. 11, 2014
St. Cyr v. California FAIR Plan Association
Insureds who lost homes in wildfires and received full amount of policy limits under California FAIR Plan may not seek additional payments.
Insurance Feb. 3, 2014
American States Insurance Co. v. Travelers Property Casualty Co. of America
Insurer must cover food truck operator's burns suffered due to hot oil splash on truck because truck was considered ‘mobile equipment’ in policy.
Insurance Jan. 29, 2014
Transport Insurance Co. v. Superior Court (R.R. Steet & Co. Inc.)
Additional insured's expectations of coverage under umbrella policy must be considered in determining whether insurer has duty to defend.
Insurance Jan. 14, 2014
White Mountains Reinsurance Co. of America v. Borton Petrini LLP
Insurer may pursue legal malpractice action against law firm, after obtaining claim as part of large commercial transfer from another insurance company.
Insurance Nov. 26, 2013
Berendes v. Farmers Insurance Exchange
Husband and daughter of pedestrian killed by underinsured motorist are not entitled to coverage under policy of decedent's father.
Insurance Nov. 18, 2013
Reid v. Mercury Insurance Co.
Insurance company may not be held responsible for failing to settle insurance claim when injured party does not demand settlement.
Insurance Nov. 7, 2013
San Diego Assemblers Inc. v. Work Comp for Less Insurance Services Inc.
Insurance broker dodges insurer’s lawsuit, which was filed on behalf of broker’s client, because broker only provided a policy and did not cause damage.
Insurance Oct. 30, 2013
Farmers Insurance Exchange v. Superior Court (Bautista)
Motor vehicle exception in homeowner’s insurance policy covers accident where grandfather ran over granddaughter in his driveway.
Insurance Oct. 29, 2013
San Miguel Community Association v. State Farm General Insurance Co.
Insurer does not have to defend residential community association in lawsuit to enforce parking restrictions until residents asked for money.
Insurance Oct. 18, 2013
Reid v. Mercury Insurance Co.
Insurance company may not be held responsible for failing to settle insurance claim when injured party does not demand settlement.
Insurance Oct. 8, 2013
Rouland v. Pacific Specialty Insurance Co.
Insurance company may be entitled to expert fees incurred in defending lawsuit filed by homeowners whose hillside home was damaged in landslide.
Insurance Oct. 8, 2013
American Safety Indemnity Co. v. Admiral Insurance Co.
Insurer must contribute to other insurer’s costs in defending developer, which agreed to pay part of its own damages in the event of a lawsuit.
Insurance Sep. 30, 2013
Adamo v. Fire Insurance Exchange
Insurer does not have to pay for damage to water tank due to wildfire after exhausting policy limit for structures other than home.
Insurance Sep. 25, 2013