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.
Fireman's™ Fund Ins. Co. v. Superior Court (1977) 75 Cal App 3rd 627
Aircraft liability insurers have no duty to investigate pilot qualifications of insurance applicants.
Joint Powers / Public
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.
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.
Automobile and Homeowners
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.
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 homeowner’s policy.