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Insurance Coverage and Good Faith / Bad Faith Tag Heuer replica watches

Century Surety Co. v. Polisso (2006) 139 Cal App 4th 922
Punitive damages award is not excessive for liability insurers stalling of defense cost payments and coverage litigation scare tactics used against policy holder defended through "CUMIS" counsel.

Progressive West v. Superior Court (2005) 135 Cal App 4th 263
No cause of action for breach of contract or bad faith exists for insurers seeking reimbursement of medical payments made to policy holder who has made recovery for injury by third party; case remains pending.

Marie Y. v. General Star Indem. Co. (2003) 110 Cal App 4th 928
Dentist’s Professional Liability insurer breached duty to defend patient’s molestation allegations although indemnification was barred by public policy.

California Casualty Indemnity Exchange v. Frerichs, 74 Cal App 4th 1446, (3rd District Court of Appeals, 1999)
This published opinion resolved issues concerning an adult child’s asserted status as a resident “insured” under a homeowners policy, the proper rules of construction that apply to the expectation of persons other than named insureds and the distinction between judge issues in insurance coverage disputes.

Community Assisting Recovery, Inc. v. Aegis Security Ins. Co., et al. (2001) 92 Cal.App.4th 886
Claim of industry-wide failure of insurers “to follow the law” in the valuation of property losses did not state an “unlawful business practice” under the California Unfair Competition Law, Bus. & Prof. Code section 17200, et seq.

Aetna Casualty & Surety Ins. Co. v. Humboldt Loaders, Inc. (1998) 202 Cal App 3rd 921
Plaintiff has absolute right to dismiss in case presenting no affirmative relief by cross-complaint.

Lewis v. Superior Court (1978) 77 Ca App 3rd 844
Client-Plaintiff is tenant in common to ex-husband’s military retirement pay asset when not divided in prior dissolution proceedings.

Fireman's™ Fund Ins. Co. v. Superior Court (1977) 75 Cal App 3rd 627
Aircraft liability insurers have not duty to investigate pilot qualifications of insurance applicants.

Newland v. Progressive, 2006 WL 2536625 (United States District Court for Eastern District California, 2006)
Holds Consumer Legal Remedies Act inapplicable in bad faith suit arising out of denial of suspected fraudulent auto claim.

Allied v. Dick Harris, Inc., 2013 WL 2145961 (United States District Court of Eastern District of California, 2013)
(Represented Insurance Broker) Case held insurance broker not liable for coverage of equestrian accident that did not "arise out of" excluded premises.

California Casualty Ins. Co. v. Quinney, 2009 WL 775096 (1st District Court of Appeals)
Dismissal at trial of bad faith suit in "Negligent Homicide" case affirmed.

Allstate Ins. Co. v. Chubb Group, 141 F3d 1173 (9th Circuit Court of Appeals, 1998)
Holds that acts of volunteer chief usher at gubernatorial inaugural ceremony did not qualify as covered "occurrence".

Joint Powers/Public Entity Coverage cheap Sunglasses

Wells v. One 2 One Learning Foundation (2006) 39 Cal 4th 1164
Charter Schools and their operators are considered “persons” subject to suit under California’s False Claims Act and California’s Unfair Competition Law.

Hoff v. Vacaville Unified School District (1998) 19 Cal 4th 925
School district owes no duty to off campus pedestrian injured by students driving from campus parking facility.

City of So. El Monte v. So. Cal. Jt. Powers Ins. Auth. (1995) 38 Cal App 4th 1629
Absent consent of the parties, principles governing insurance carriers and insurance law have no applicability to interpretation of Joint Powers pooling agreements.

Environmental Coverage

Westfield Ins. Co. V. Pashayan (1995) U.S. App. LEXIS 415 (9 Cir 12/16/94)
Long-term underground tank leakage liability is not within “sudden and accidental” exception to CGL pollution exclusion.

American States Ins. Co. v. Sacramento Plating, 861 F Supp. 964 (E.D. Cal 1994)
Groundwater pollution was not “sudden and accidental” as metal plating operational spillage was intended and expected by insured.

East Quincy Services District v.Continental Insurance Company 864 F Supp 976 (United States District Court for the Eastern District of California, 1994)
Foundational published opinion concerning environmental insurance coverage under standard general liability policy for claims of infiltration of contaminants into public agency’s groundwater.

Advance Micro Devices, Inc. v. Great American Surplus Lines Ins. Co., et al. (1988) 199 Cal.App.3d 791
The insured’s actual knowledge, prior to the inception of coverage, of contamination at the insured premises precluded coverage under environmental impairment liability policy.

Tsakopoulos v. American Manufacturers Mutual Ins. Co., et al., 2000, U.S. Dist. LEXIS 18569 (E.D. Cal. 2000)
Pollution exclusion in liability policies did not necessarily preclude coverage for EPA claims for violation of Clean Water Act;

Automobile and Homeowners Insurance

Bohannon v. Aetna Casualty & Surety Co. (1985) 166 Cal App 3rd 1172
Permissive driver is not covered for accident while using the vehicle deleted from the registered owner’s policy.

California State Automobile Association Inter-Insurance Bureau v. Bourne (1984) 162 Cal App 3rd 89
Exclusion for claims of bodily injury to policy holder/driver’s family members barred coverage per policy holder/driver’s liability arising from the claim of her injured child passenger on equitable cross-complaint of adverse driver.

California State Automobile Association Inter-Insurance Bureau v. Gong (1984) 162 Cal App 3rd 518
Insurance code restrictions on authorized exclusion of permissive user coverage applies only to covered vehicles owned or legally controlled by named insured.

Wrongful Termination

St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 161 Cal App 3rd 1199
Employers intentional termination is not “accidental event” within scope of insuring agreement for general liability insurance and insurer has no duty to defend.

Elder Care Coverage

Horizon West, Inc. v. St. Paul Fire & Marine Ins. Co., 214F Supp 2nd 1074 (E.D. Cal 2001)
Professional liability services policy does not cover allegations of violation of Federal False Claims Act.

Advertising Injury Coverage

Standard Fire Ins. Co. v. Aetna Casualty & Surety Co., 985 F. 2nd 446 (9th Cir 1993)
Unfair competition under advertising injury coverage does not include liability for violation of California Business and Professions Code Section 17200 etc.

Owens-Brockway Glass Container v. International Ins. Co., 884 F. Supp 363 (E.D. Cal 1995)
General liability policies advertising injury coverage does not cover corporation’s multi-million dollar settlement of patent infringement liability exposure.

Nichols v. Great American Insurance Companies (1985) 169 Cal App 3rd 766
No personal injury and advertising injury liability coverage exists for sale of devices to pirate paid TV signals.

United Pacific v. Hall (1988) 199 Cal App 3rd 551
No duty to defend juvenile proceedings arising from school fire set by minor insured under homeowners policy.

Owens-Brockway Glass Container, Inc. v. International Ins. Co., 884 F.Supp. 363 (E.D. Cal. 1995
Advertising injury coverage under general liability policies does not cover corporation’s multi-million dollar settlement of patent infringement liability exposure.

Uninsured Motorist Coverage

Explorer v. Gonzalez, 164 Cal.App. 4th 1258 (3rd District Court of Appeals, 2008)
Holds that no underinsured motorist claim allowable where tortfeasors' combined single limit of bodily injury and property coverage is not exceeded by UM/UIM limit.

Encompass Ins. Co. v. Bernhard, 2006 WL 2536625 (United States District Court for Eastern District of California, 2006)
Holds that policy unambiguously withholds UIM coverage from single vehicle accident.

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