Publications: Insurance Case Bulletins

Date	Description	Publication	Format
May 2008	Everett v. State Farm General Insurance Company Homeowner’s Policy Clearly Stated Replacement Of Homeowner’s Property Limited To Policy Limit Stated In Declarations	Case Bulletin	HTML
May 2008	Negrete v. Allianz Life Ins. Co. Federal District Court Cannot Enjoin Parties From Negotiating Or Settling Claims In Other Federal And State Courts	Case Bulletin	HTML
May 2008	City of Hope National Medical Center v. Genentech, Inc. Agreement Between Parties To Develop, Patent And Commercially Exploit Secret Scientific Discovery In Exchange For Royalties Did Not Give Rise To A Fiduciary Relationship	Case Bulletin	HTML
April 2008	Royal Indemnity Co. v. United Enterprises, Inc. A Third Party’s Contingent Financial Interest In A Coverage Action Is Insufficient To Support Intervention In A Declaratory Relief Action.	Case Bulletin	HTML
April 2008	Fogel, et al. v. Farmers Group, Inc., et al. Claims Against Attorneys-In-Fact Are Not Precluded By Insurance Code Section 1860.1	Case Bulletin	HTML
April 2008	Employers Reinsurance Company v. The Superior Court Of Los Angeles County Course Of Performance Evidence Is Admissible To Interpret An Insurance Contract When The Performance Is Pursuant To The Contract And Not A Subsequent Settlement Or Claims Handling Agreement	Case Bulletin	HTML
April 2008	Manzarek v. St. Paul Fire Marine Insurance Company Allegations That Defendant Marketed Products And Merchandise Sufficient To Give Rise To Duty To Defend Under Advertising Injury Provisions In Policy	Case Bulletin	HTML
April 2008	Qualcomm, Inc. v. Certain Underwriters At Lloyd’s, London Settlement Between Insured And Primary Insurer For Less Than Primary Policy Limits Does Not Trigger Excess Insurer’s Coverage Obligation	Case Bulletin	HTML
Mar 2008	Burks v. Kaiser Foundation Health Plan, Inc., et al. Health Care Service Plan’s Disclosure Of Arbitration Agreement In Small, Unhighlighted Typeface On Enrollment Form Does Not Meet Statutory Requirements	Case Bulletin	HTML
Mar 2008	Wedemeyer v. Safeco Insurance Company of America Only Motor Vehicle Or Automobile Liability Limits, Not Business Liability Limits, Must Be Exhausted To Trigger Underinsured Motorist Coverage	Case Bulletin	HTML
Feb 2008	Certain Underwriters At Lloyds, London v. Totem Agencies Incorporated, et al. The Federal Maritime Doctrine Of Uberrimae Fidei I (Utmost Good Faith) Supersedes State Law When Applied To Marine Insurance Contracts	Case Bulletin	HTML
Feb 2008	Contractors Equip. Maintenance Co., Inc. et. al. v. Bechtel Hanford, Inc. Bond Surety Only Assumes Liability For Entity It Expressly Agreed To Bond	Case Bulletin	HTML
Feb 2008	American Casualty Co. of Reading, PA. v. Miller A CGL Policy's Pollution Exclusion Barred Coverage for Injuries Arising From The Discharge of Solvents Into a Public Sewer	Case Bulletin	HTML
Feb 2008	Cornhusker Casualty Ins. Co. v. Kachman Whether Notice Of Insurance Policy Cancellation Was Properly Provided Depended On Uncertain Washington State-Law Rule As To What Constitutes "Mailed"	Case Bulletin	HTML
Feb 2008	De Bruyn v. Superior Court (Farmers Group, Inc.) Insurance Code § 530 Does Not Apply To Policy Exclusion That Clearly Limited Coverage To Some But Not All Manifestations Of Water Damage	Case Bulletin	HTML
Jan 2008	Crowley Maritime Corp. v. Boston Old World Insurance Co. Where liability insurers indemnified insured, then sued third-party insurers for equitable contribution, the contribution claim did not arise from insurance contracts between insured and third-party insurers. Thus, contractual arbitration clauses did not apply.	Case Bulletin	HTML
Jan 2008	Lambert v. Carneghi The appraisal process under Insurance Code section 2071 is an arbitration proceeding entitling the appraiser to arbitral immunity. The litigation privilege does not protect an expert from negligence claims brought by the party that retained him.	Case Bulletin	HTML
Jan 2008	Saffon v. Wells Fargo & Company Long Term Disability Plan	Case Bulletin	HTML
Jan 2008	Stellar v. State Farm General Insurance Co. There was no duty to defend a defamation suit alleging physical manifestation of emotional distress because there was no "occurrence" or "bodily injury."	Case Bulletin	HTML
Jan 2008	Belz v. Clarendon America Insurance Company Insurer Must Show Actual, Substantial Prejudice Resulting From Insured's Lack of Timely Notice	Case Bulletin	HTML
Jan 2008	Boeing Co. v. Continental Casualty Employer Was Not "Additional Insured" Under Nonprofit Corporation's CGL Policy Where Employee Sought Recovery for Injuries Sustained While Performing Volunteer Work On Behalf Of Nonprofit	Case Bulletin	HTML
Jan 2008	Hailey v. California Physicians' Service Health and Safety Code Section 1389.3 Precludes Health Care Service Plans From Rescinding Contract For Misrepresentation in Application Unless Misrepresentation Was Willful Or Plan Made Reasonable Effort During Pre-contract Underwriting Process To Ensure Subscriber's Application Was Accurate	Case Bulletin	HTML
Jan 2008	Bernard v. State Farm Mutual Automobile Insurance Company Agency Agreement Terminable At Will Despite Inclusion Of Termination Review Clause	Case Bulletin	HTML
Dec 2007	Mercury Casualty Co. v. Scottsdale Indemnity Co. Court Upholds Constitutionality of Insurance Code Section 11580.9(g) Allowing Contribution Against Excess Insurer	Case Bulletin	HTML
Dec 2007	JPI Westcoast Construction, L.P. v. RJS & Associates, Inc. Indemnitee's Primary Carrier Was Not Entitled to Indemnification by Indemnitor's Excess Carrier	Case Bulletin	HTML
Dec 2007	Reagan Wilson v. 21st Century Insurance Company California Supreme Court Affirms Reversal Of Summary Judgment In Favor Of Insurer Because Triable Issues Of Fact Exist As To Whether Insurer Investigated Claim In Good Faith And Denied Claim Based On A Genuine Dispute	Case Bulletin	HTML
Nov 2007	Cold Creek Compost, Inc. et al., v. State Farm Fire and Casualty No Coverage for Offensive and Injurious Odors Because of Pollution Exclusion	Case Bulletin	HTML
Nov 2007	Bjork v. State Farm Fire and Cas. Co. Court of Appeal Holds Resident Relative Exclusion Bars Coverage For Molestation	Case Bulletin	HTML
Nov 2007	LA Sound USA, Inc. v. St. Paul Marine Insurance Company Insurer Entitled To Rescind Policy Based On Insured's Misrepresentations Must Prove Which Costs Can Be Allocated To Each Particular Insured To Be Entitled To Restitution	Case Bulletin	HTML
Nov 2007	State of California ex rel. John Metz v. Farmers Group, Inc. Insurance Code Section 1871.1 Does Not Authorize Qui Tam Actions Against Insurer For Fraud In Handling Claim	Case Bulletin	HTML
Nov 2007	Financial Management Advisors, Inc. v. American Inter. Specialty Lines Ins. Co. Court Holds That Separate Claims Are Not Related Merely Because They Involve The Same Financial Advisor	Case Bulletin	HTML
Nov 2007	Principal Life Insurance Company v. Peterson Murder Conviction Sufficient To Bar Award Of Life Insurance Proceeds Despite Pending Appeal	Case Bulletin	HTML
Oct 2007	California Capital Insurance Company v. Farmers Insurance Indemnity Agreement Does Not Bar Contribution Action Between Insurers Absent Contractual Language Indicating This Was The Intent Of The Parties	Case Bulletin	HTML
Oct 2007	Zurich American Ins. Co. v. Superior Court (Watts Industries) Corporation's Attorney-Client Privilege Extended to Confidential Communications Between Corporate Agents Regarding Legal Advice and Strategy	Case Bulletin	HTML
Oct 2007	Delgado v. Interinsurance Exchange of the Automobile Club of Southern California California Supreme Court Agrees to Review Delgado v. Interinsurance Exchange of the Automobile Club of Southern California	Case Bulletin	HTML
Oct 2007	Jafari v. EMC Insurance Companies Intentional self defense may be deemed an "accident" within a third party liability coverage clause if the insured is provoked by a third party's unexpected and unintended acts.	Case Bulletin	HTML
Sept 2007	Aerojet-General Corporation v. Commercial Union Insurance Co. Insurers Need Not Indemnify Insured Where Settlement Costs Are Outside Scope of Coverage in Policies	Case Bulletin	HTML
Sept 2007	James Baron v. Fire Insurance Exchange CA 6th September 4, 2007	Case Bulletin	HTML
Sept 2007	Merrick v. Paul Revere Life Ins. Co Disability Insurer Entitled to Jury Instruction Precluding Punishment for Wrongful Conduct That Injured Nonparties	Case Bulletin	HTML
Sept 2007	Essex Ins. Co. v. City of Bakersfield CGL Policy Auto Exclusion Not Plain and Clear Enough to Defeat Insured's Reasonable Expectations of Coverage Where Insured Caused Dangerous Conditions Leading to Accident	Case Bulletin	HTML
Sept 2007	Dependable Highway Express, Inc. v. Navigators Ins. Co. An Indefinite Stay Constitutes An Abuse Of Discretion; International Comity Not Appropriate If Foreign Act Is Inherently Inconsistent With Policies Of Domestic Forum	Case Bulletin	HTML
Sept 2007	Archdale v. American International Specialty Lines Insurance An insurer which defends and pays policy limits is not liable for an excess judgment based on breach of express policy provisions but may be liable for breach of the implied covenant for contract relief to which a four year statute of limitations applies.	Case Bulletin	HTML
Sept 2007	Intri-Plex Technologies v. The Crest Group Insured's Claims Against Tortfeasor Properly Dismissed As An Impermissible Attempt To Split A Cause Of Action Previously Litigated By Insurer In Subrogation Action	Case Bulletin	HTML
Sept 2007	Fairbanks v. Superior Court (2007) Court of Appeal Holds There Is No Viable Cause of Action Against Insurer Under the Consumer Legal Remedies Act (CLRA) For Unfair and Deceptive Practices	Case Bulletin	HTML
Sept 2007	Catholic Mutual Relief Society v. Superior Court Tort Plaintiff Not Entitled To Discovery Of Reinsurance Contracts Held By Defendant's Insurer	Case Bulletin	HTML
Sept 2007	R. A. Stuchberry Others Syndicate 1096 v. Redland Insurance Company Rape Does Not Arise Out of "Use" of Common Carrier's Vehicle Where Victim Willfully Enters and Exits Vehicle, and is Raped Away From the Vehicle	Case Bulletin	HTML
Aug 2007	Frontier Oil Corporation v. RLI Insurance Company Pursuant to California's Choice of Law Statute (Civil Code Section 1646), California Law Controls an Insurance Policy Where The Parties' Intention To Apply California Law Can Be Gleaned from the Nature of the Contract and the Surrounding Circumstances.	Case Bulletin	HTML
Aug 2007	Ticconi v. Blue Shield Of California Life & Health Insurance Company Improper To Weigh Legal And Factual Issues Of Fraud And Unclean Hands In Determining Class Certification, When Such Defenses Are Unavailable To Defendant	Case Bulletin	HTML
Aug 2007	California Capital Insurance Company v. Nielsen Uninsured Motorist Coverage Only Available Where Owner Or Operator of the Vehicle Have No Applicable Bodily Injury Liability Coverage	Case Bulletin	HTML
Aug 2007	Betty Jo Walker, et al. v. Farmers Insurance Exchange Punitive Damages Award Affirmed Where Insurer Unreasonably Refused to Defend	Case Bulletin	HTML
July 2007	California Insurance Guarantee Association v. Workers' Compensation Appeals Board CIGA Entitled To Full Reimbursement From Other Insurer For All Temporary Disability Benefits Paid To Injured Employee	Case Bulletin	HTML
July 2007	Marquez Knolls Property Owners Association, Inc. v. Executive Risk Indemnity, Inc. Court Construes Exclusion For Wrongful Acts Arising Out Of Construction To Apply Only When Insured Undertakes The Construction	Case Bulletin	HTML
July 2007	Burns v. California Fair Plan Holders Of Life Estate And Remainder Interest In Fire Destroyed Property Were Not Both Entitled To Recover Full Value Of Property	Case Bulletin	HTML
June 2007	Delgado v. Interinsurance Exchange of the Automobile Club of Southern California Court Of Appeal Grants Petition For Rehearing And Issues New Opinion Vacating Prior Holding That Insurer's Denial Of Defense Was Bad Faith As A Matter Of Law	Case Bulletin	HTML
June 2007	Allstate Insurance Company v. Superior Court (Delanzo) Attorney Fees And Costs Should Not Be Deducted When Calculating "Made-Whole" Amount Under Insured's No-Fault Medical Payments Coverage.	Case Bulletin	HTML
June 2007	Safeco Insurance Co. of America v. Burr	Case Bulletin	HTML
June 2007	Ameron International Corporation v. Insurance Company of the State of Pennsylvania et al. Coverage Exists For Subcontractor Insured Who Settles Government Claim Before Federal Board Of Contract Appeals Only If Policy Defines "Suit" As "Civil Proceeding" Or "Arbitration Proceeding"	Case Bulletin	HTML
May 2007	Delgado v. Interinsurance Exchange of the Automobile Club of Southern California Denial Of Defense Of Complaint Alleging Intentional Tort And Alternatively Negligence Is Breach Of Contract And Breach Of Covenant Of Good Faith And Fair Dealing When Made Without Justification And In The Absence Of Extrinsic Facts Negating Potential For Coverage	Case Bulletin	HTML
May 2007	Blankenship v. Liberty Life Assurance Disability Benefits Owed To A Member Of An ERISA Plan Could Not Be Reduced By The Amount Of Retirement Benefits Transferred Into An Individual Retirement Account	Case Bulletin	HTML
May 2007	Pacific Business Connections, Inc. v. St. Paul Surplus Lines Ins. Co. Financing Company's Directive To Cancel Auto Policy For Nonpayment Is Conclusive And Effective On Date Of Its Notice To Insured	Case Bulletin	HTML
May 2007	Padilla Construction Company v. Transportation Insurance Company Excess Insurer Not Required To "Drop Down" And Defend Underlying Action Prior To Exhaustion Of Primary Policy and Self-Insured Retention Irrespective of Potentially Uncovered Continuous Loss Occurring Prior to Defending Policy	Case Bulletin	HTML
May 2007	In Re: Benz Insurer's Withdrawal Of A Defense Postpetition Does Not Violate Automatic Stay	Case Bulletin	HTML
May 2007	Stonelight Tile, Inc. v. California Insurance Guarantee Association CIGA Not Obligated To Contribute Toward Payment Of Judgment Where Settlement Left "Other Insurance" Available	Case Bulletin	HTML
May 2007	Transcontinental Insurance Co. v. Insurance Co. of the State of Pennsylvania An Excess Carrier With A Duty To Defend Must Reimburse The Primary Insurance Carrier's Payment of Uncovered Defense Costs Through Equitable Subrogation.	Case Bulletin	HTML
May 2007	Golden Eagle Insurance Corp. v. Cen-Fed, Ltd. (2007) Commercial General Liability Insurer Had No Duty to Defend or Indemnify Commercial Landlord on Lessee's Economic Loss Claims	Case Bulletin	HTML
April 2007	Infinet Marketing Services v. American Marketing Insurance Services Labor Code Section 3602 Does Not Confer Third Party Beneficiary Status On Broker Under Workers Compensation Policy Issued To Employee Leasing Company	Case Bulletin	HTML
April 2007	Levy v. State Farm Mutual Automobile Insurance Co. (2007) Court of Appeal Dismisses Automobile Policyholders' Claims Based on Allegations of Insurer's Violations of Industry Standards in Repair Estimates	Case Bulletin	HTML
April 2007	Interinsurance Exchange of the Automobile Club v. Superior Court (Williams) Interest Charged on Installment Payments of Insurance Premium Was Not "Premium" That Had to Be Disclosed In the Insurance Contract	Case Bulletin	HTML
April 2007	California Supreme Court Agrees To Review State of California v. Underwriters at Lloyd's Of London	Case Bulletin	HTML
April 2007	McKinnon v. Otis Elevator Company Settlement of Subrogation Lawsuit Does Not Preclude Injured Employee's Action Against Third Party Tortfeasor Absent Compliance With Labor Code Notice and Consent Requirements	Case Bulletin	HTML
April 2007	Simon Marketing v. Gulf Insurance Company Covered Property Provisions Of Business Theft Policy Did Not Cover Detrimental Economic Harm To The Insured Absent Distinct Physical Loss Of Property	Case Bulletin	HTML
April 2007	The State of California ex rel. Metz v. CCC Information Services, Inc. Statute of Limitation Period For Claims Brought Under Insurance Code Section 1871.7 is Triggered By "Inquiry Notice."	Case Bulletin	HTML
Mar 2007	Jordan v. Allstate Insurance Company (2007) "Reasonable Dispute Doctrine" Did Not Compel Finding That Denial Of Inadequately Investigated Claim Was Reasonable	Case Bulletin	HTML
Mar 2007	O'Hanesian v. State Farm Mutual Automobile Insurance Company California Supreme Court Grants Review and Depublishes Decision Holding Insured Must Submit Underinsured Motorist Claim To Arbitration	Case Bulletin	HTML
Mar 2007	Zenith Insurance Company v. Cozen O'Connor (2007) Ceding Insurer's Attorney Owes No Attorney Client Duty to Reinsurer	Case Bulletin	HTML
Mar 2007	Safeco Insurance Company Of America v. Fireman's Fund Insurance Company Where One Landslide Causes Property Damage Extending Over Successive Policy Periods, There Is Only One Occurrence Under A Homeowners Policy	Case Bulletin	HTML
Mar 2007	Progressive West Ins. Co. v. Preciado The Class Action Fairness Act Does Not Authorize A Plaintiff/Cross-Defendant Insurer's Removal Of A Class Action To Federal Court	Case Bulletin	HTML
Mar 2007	State Farm Mutual Automobile Insurance Co. v. Progressive Marathon Insurance Co. (2007) Insurance Code Section 11580.9(D) Conclusive Presumption Of Which Policy Is Primary Triggered Only When Each Of The Competing Polices "Apply To The Same Motor Vehicle"	Case Bulletin	HTML
Mar 2007	Poizner v. Fremont General Corporation Subsidiary Insurer's Complaint Against Parent Corporation For Misappropriation Of Net Operating Loss Improperly Dismissed By Trial Court	Case Bulletin	HTML
Feb 2007	ACS Systems, Inc. v. St. Paul Fire and Marine Insurance Company "Advertising Injury" and "Property Damage" Coverage Not Applicable To Violations Of The Telephone Consumer Protection Act Of 1991 (TCPA) (42 U.S.C. §227)	Case Bulletin	HTML
Feb 2007	Rappaport-Scott v. Interinsurance Exchange of the Automobile Club Insurer Has No Implied Covenant Obligation To Accept An Offer To Settle An Underinsured Motorist Claim	Case Bulletin	HTML
Jan 2007	August Entertainment, Inc. v. Philadelphia Indemnity Insurance Company D&O Liability Policy Did Not Cover a Corporation's Or Its Officer's Contract Liability Where the Officer Entered Into Contract Without Stating He Was Acting On Behalf Of the Corporation	Case Bulletin	HTML
Jan 2007	Smith v. Workers' Compensation Appeals Board Attorneys' Fees Are Available to Counsel Who Oppose Formal and Informal Denials of Medical Care	Case Bulletin	HTML
Jan 2007	London Market Insurers v. Superior Court (Truck Ins. Exchange) "Occurrence" Means Injurious Exposure To Asbestos and Multiple Asbestos Bodily Claims Do Not Constitute One Occurrence Under the Policies At Issue	Case Bulletin	HTML
Jan 2007	Patricia Adkins Insurance Agency, Inc., et al., v. State Farm Mutual Automobile Insurance Company et al. Insurance Company Could Not Bind Its Agents' Employees To Trade Secret And Noncompetition Restrictions	Case Bulletin	HTML
Jan 2007	State of California v. Underwriters at Lloyd's of London Applying State Farm Mut. Auto Ins. Co. v. Partridge (1973) 10 Cal.3d 94, Summary Judgment In Favor Of Insurers Is Unwarranted Even Though Insured Admitted Inability To Allocate Damages Between Those Caused By Nonexcluded Releases of Contaminants And Excluded Releases	Case Bulletin	HTML
Jan 2007	Zembsch v. Superior Court (Health Net of California, Inc.) Disclosure Of Arbitration Requirement Not Sufficiently Prominent To Be Enforceable	Case Bulletin	HTML
Jan 2007	Bouton v. USAA Casualty Ins. Co. Statutory Right To Arbitrate Who Is An Insured Cannot Be Restricted or Limited By Policy Language	Case Bulletin	HTML
Dec 2006	O'Hanesian v. State Farm Mutual Automobile Insurance Company Insured Required To Submit Underinsured Motorist Claim To Arbitration	Case Bulletin	HTML
Dec 2006	Philadelphia Indemnity Ins. Co. v. Montes-Harris Excess Automobile Liability Insurer May Rely on Customer's Misrepresentation where Insurer Complies with Vehicle Code § 14608 (b)	Case Bulletin	HTML
Nov 2006	TRB Investments, Inc., et al. v. Fireman's Fund Insurance Company Any Building Endeavor, Including Renovation To An Existing Building, Falls Within Construction Exception To Vacancy Exclusion In Property Policy If That Endeavor Requires Substantial And Continuing Presence Of Workers At Premises	Case Bulletin	HTML
Nov 2006	Pan Pacific Retail Properties, Inc. v. Gulf Insurance Company Grant Of Summary Judgment Improper Where Factual Dispute Exists as to Whether Settlement Included "Non-Restitutionary" Recovery	Case Bulletin	HTML
Nov 2006	Pacific Gas & Electric Co. v. Superior Court (American Guarantee And Liability Ins. Co.) Insurer Has No Standing To Recover Its Insured's Unpaid Deductible In Subrogation Lawsuit	Case Bulletin	HTML
Nov 2006	Combs v. State Farm Fire & Casualty Company California Insurance Code Section 533 Precludes Indemnification Under Supplementary Payment Provision Of Costs Taxed Against An Insured	Case Bulletin	HTML
Oct 2006	Cheviot Vista Homeowners Assoc. v. State Farm Fire & Cas. Co. Insurer Did Not Breach Any Duty By Refusing To Pay Benefits Where Earthquake Repair Costs Were Significantly Less Than Policy Deductible	Case Bulletin	HTML
Oct 2006	State Farm General Ins. Company v. Wells Fargo Bank, N.S., et al Insurer's Subrogation Action Against Third Party Joint Tortfeasor Not Barred By The Doctrine Of Superior Equities	Case Bulletin	HTML
Oct 2006	Noya v. A.W. Coulter Trucking After Rejecting Additional Insured's Tender Of Defense, Insurer Had No Right To Belatedly Intervene To Contest Additional Insured's Settlement	Case Bulletin	HTML
Oct 2006	Medill, et al. v. Westport Ins. Corp No Coverage For Loss Under Directors' And Officers' Policy Arising From Breach Of Contract	Case Bulletin	HTML
Oct 2006	American Int'l Specialty Lines Ins. Co. v. Continental Cas. Ins. Co. Equitable Indemnity And Contribution Claims Dismissed Where Insured And Co-Insurers Failed To Notify Non-Contributing Insurers Of Underlying Suit	Case Bulletin	HTML
Sept 2006	Camacho v. Automobile Club of S. Cal. Business and Professions Code Section 17200 Claim Dismissed Because Consumer Did Not And Could Not Allege Defendants Engaged In "Unfair" Business Practices	Case Bulletin	HTML
Sept 2006	Allstate Ins. Co. v. Superior Court (Jessel) Trial Court Not Entitled To Vacate Arbitration Award And Order Further Proceedings Before The Same Arbitrator	Case Bulletin	HTML
Aug 2006	Prince V. United National Ins. Co. Exclusion For Injuries Arising Out Of Use Of Automobile Precludes Coverage For Deaths Of Children Left In Car On Hot Day By Negligent Foster Parent	Case Bulletin	HTML
Aug 2006	Unified Western Grocers, Inc., et. al. v. Twin City Fire Insurance Company Insurance Code Section 533 Does Not Preclude Coverage Where An Insured is Being Sued For Both Willful And Negligent Conduct	Case Bulletin	HTML
Aug 2006	Parkwoods Community Association v. California Insurance Guarantee Association Construction Defect Settlement Is Not A "Covered Claim" That CIGA Is Required To Pay Where Excess Insurance Is Available	Case Bulletin	HTML
Aug 2006	Ortega Rock Quarry v. Golden Eagle Insurance Corp. EPA Proceeding Under Clean Water Act For Run-Off Of Soil Into Waterway Not A "Suit"; Coverage Was Also Barred By Absolute Pollution Exclusion	Case Bulletin	HTML
Aug 2006	Standard Fire Ins. Co. v. Spectrum Community Assn. Coverage Under CGL Policy Issued To Insured Condominium Complex Developer Not Triggered By Whether The Claimaint Homeowners' Association Existed At Time Of Injury But When Damage Occurred	Case Bulletin	HTML
July 2006	Kleveland v. Chicago Title Insurance Company Arbitration Clause In Title Insurance Policy Not Enforceable Unless Contained In Preliminary Report	Case Bulletin	HTML
July 2006	Employers Insurance Company of Wausau, et al. v. The Travelers Indemnity Company, et al. Insured's Release Of Insurer Does Not Preclude Contribution Action By Insurer Who Shares Liability For The Loss	Case Bulletin	HTML
July 2006	Pilimai v. Farmers Insurance Exchange Company C.C.P. Section 998 Applies To Uninsured Motorist Arbitrations; The Statutory "Maximum Liability" Provision Does Not Preclude Recovery Of Section 998 Costs That Added To The Arbitration Award Exceed The Coverage Limits	Case Bulletin	HTML
July 2006	RLI Ins. Co. v. CNA Cas. Of California Entry Of Excess Judgment Against Insured Is Pre-Requisite To Equitable Subrogation Action By Excess Insurer Against Primary Insurer	Case Bulletin	HTML
July 2006	Essex Insurance Co. v. Five Star Dye House, Inc. Assignment of a Bad Faith Claim Against an Insurer May Include the Right to Recover Brandt Attorney Fees Incurred in Recovering the Wrongfully Withheld Benefits of the Insurance Policy	Case Bulletin	HTML
June 2006	Akin v. Certain Underwriters at Lloyd's of London Insured Cannot Seek Contract Damages Under Civil Code Section 1692 And The Contract Limitations Period Will Apply To Claim For Breach Of An Insurance Contract Notwithstanding Cause Of Action Styled As Claim For Rescission	Case Bulletin	HTML
June 2006	Century Surety Company v. Polisso et al Spouse Has Standing to Sue For Breach of Contract and Bad Faith Even When Not Specifically Named As Insured In Policy	Case Bulletin	HTML
June 2006	CDM Investors v. Travelers Casualty and Surety Co Insuring Agreement Referring to Ultimate Net Loss Does Not Expand Scope of Coverage Where Agreement Contains an “As Damages” Limitation	Case Bulletin	HTML
June 2006	The Gorham Company, Inc. v. First Financial Insurance Company Additional Insured Not Entitled To Notice of Cancellation By The Named Insured	Case Bulletin	HTML
May 2006	Ashou v. Liberty Mutual Fire Insurance Company Suit Limitation Provision Under Code of Civil Procedure Section 340.9 Is Equitably Tolled by Insurer's Agreement to Reconsider and Reinvestigate Northridge Earthquake Claim	Case Bulletin	HTML
May 2006	Wilson v. 21st Century Insurance Company Review Granted and Opinion Superseded by California Supreme Court Supreme Court Case No. S141790 April 26, 2006	Case Bulletin	HTML
May 2006	Mid-Century v. Superior Court (Bandek) Homeowner Could Revive Northridge Earthquake Claim Previously Dismissed As Untimely	Case Bulletin	HTML
May 2006	Zenith Insurance Co. v. Workers' Compensation Appeals Board Medical Lien Claimants Seeking To Recover Liens Under Workers' Compensation Laws Bear The Burden Of Proving That They Are Properly Licensed	Case Bulletin	HTML
April 2006	Lincoln Property Company, N.C., Inc. v. Travelers Indemnity Company Insured Could Not Bring Separate Actions Against Insurer for Breach of Duty to Defend and Breach of Implied Covenant of Good Faith and Fair Dealing	Case Bulletin	HTML
April 2006	Farmers Insurance Exchange v. Superior Court (Ryan) No Private Right of Action Exists To Enforce Insurance Code Section 1861.02, Which Limits Factors An Insurer May Consider In Setting Rates	Case Bulletin	HTML
April 2006	California State Automobile Association Inter-Insurance Bureau v. Workers' Compensation Appeals Board et. al. Injured House Painter Was Not Residential Employee Eligible For Workers' Compensation Benefits	Case Bulletin	HTML