Category Archives: Insurance Law News

Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.

Posted on May 13, 2013 by Mark Mellor

When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment … Continue reading →

Evidence Of Title Insurance Should Have Been Admitted.

Posted on May 11, 2013 by Mark Mellor

The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, … Continue reading →

Posted in Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News, Lender Law News, Real Estate Law News, Trial Law News | Tagged 215 Cal.App.4th 746, absolve, acted, action, admissible, appealed, appellate court, awarded, breached, Broker, chain of causation, Chanda, collateral, collateral source, collateral source rule, compensatory damages, coverage, covering, cross-complaint, Deducted, evidence, Evidence Of Title Insurance Should Have Been Admitted, exclude, excluding, Federal Home Loans Corporation, fiduciary duties, Fiduciary Duty, foreseeable, forged, forged documents, forgery, Fraud, industry, insurance, insurance coverage, insurance policy, Interest-only, intervening act, intervening causes, jury, larger, Lender, lender's, loan documents, loan transaction, malice, mortgage, mortgage broker, notary, offer of proof, oppression, owed, party conduct, payments, Policy, potential prejudice, prejudicial effect, prejudicial error, presented, prevailed, private, private lender, private lender’s, probative value, property owners, punitive, punitive damages, realized, receipts, received, replacement loan, reversed, rule of evidence, settled, Signature, signatures, superseding, superseding cause, title, title insurance, tortfeasor, trial, trial court | Leave a comment

Another Non-Signatory Wrongly Sent To Arbitration.

Posted on March 27, 2013 by Mark Mellor

The trial court decided that, since a janitorial business had an arbitration agreement with its workers compensation insurance company, the doctrine of equitable estoppel applied with regard to whether, or not, it had to arbitrate a dispute with the third party … Continue reading →

Posted in Appellate Law News, Arbitration Law News, Insurance Law News, Legal News, Workers Compensation Law News | Tagged 140 Cal.Rptr.3d 896, 205 Cal.App.4th 1346, administrator, Agreement, Another Non-Signatory Wrongly Sent To Arbitration, Applied, arbitrate, arbitration, Arbitration agreement, arbitration clause, arbitration provision, breach of contract, business, causes of action, claims, company, compel arbitration, compensation, compensation claims, contract containing, Contractual, Court of Appeal, Decided, declaratory relief, deductible, dispute, dispute arising, DMS Services, DMS Services Inc., doctrine, doctrine of equitable estoppel, equitable estoppel, extraordinary relief, founded, inapplicable, inextricably intertwined, insurance, insurance claims, insurance company, insurance policies, intertwined, invalid, invoke, janitorial, Joinder, nonsignatory, offset, order compelling arbitration, question of law, signatory, Sup. Ct., third party, third party administrator, trial court, workers, workers compensation, workers compensation insurance company, Zurich Services Corp. | Leave a comment

No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.

Posted on March 18, 2013 by Mark Mellor

An employee caused injuries to another person while driving his car in connection with his employer’s business. Three insurance policies were in effect. Insurer #1 insured the negligent employee. Insurers # 2 and #3 insured the employer. After a settlement, Insurer … Continue reading →

Posted in Appellate Law News, Insurance Law News, Legal News, Personal Injury Law News | Tagged actions, amongst, appellate court, business, car, Caused, connection, contribution, coverage, covered auto, covering, D059833, driver, driving, effect, employee, employer, employers, endorsement, equitable, equitable contribution, excess, excess policies, exhausted, granting, Guideone Mutual Insurance Company, indemnity, injuries, insurance, insurance policies, insurance policy, insured, insurer, insurers, liability policy, motor vehicle, negligent, negligent employee, No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted, nonowned, ordered, policies, policies covered, policies covering, policy limits, prejudgment interest, Primary, primary policy, rata, reversed, scheduled, settlement, Summary judgment, three, tortfeasor, trial court, umbrella, umbrella policies, umbrella policy, underlying insurance, Utica National Insurance Group, Vicariously Liable, “person” | Leave a comment

Retirees May Pursue Action For Lifetime Medical Benefits From University Of California.

Posted on February 27, 2013 by Mark Mellor

When Lawrence Livermore National Laboratory was operated by the University of California, all retirees received University-sponsored group health insurance benefits. In 2007, management and operation of Livermore was transferred to a private consortium, and in 2008 retirees’ University-sponsored group health benefit … Continue reading →

Posted in Appellate Law News, Constitutional Law News, Insurance Law News, Legal News | Tagged 213 Cal.App.4th 213, authorization, Benefits, booklet, breach of express contract, breach of implied contract, cause of action, causes of action, constituted, contract, Contractual, Court of Appeal, coverage, demurrer, dental, eligibility, elimination, equitable estoppels, estoppel, express, formed, group, group health benefit, handbook, health benefits, health insurance, impairment, implied, implied contract, inter alia, judicial notice, Lawrence Livermore National Laboratory, lifetime, Livermore, management, mandamus, medical benefits, monthly, operated, operation, pleaded, pleading, pool, premium, private consortium, promissory, promissory estoppels, received, Regents, Requa, retired, retired employees, retiree, retirees, Retirees May Pursue Action For Lifetime Medical Benefits From University Of California, retirement, retirement system, reversed, standing order, stated, sustained, terminated, The Regents of the University of California, transferred, trial judge, unconstitutional, University of California, University-sponsored, University-sponsored group health insurance benefits, vested, vested right, without leave to amend | Leave a comment

Coverage Excluded For Ordinance or Law Under Homeowners Policy.

Posted on February 25, 2013 by Mark Mellor

Plaintiffs’ homeowners policy reads: “We do not insure under any coverage for any loss which is caused by one or more of the items below, regardless of whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from … Continue reading →

Posted in Appellate Law News, Construction Law News, Contract Law News, Insurance Law News, Legal News, Real Estate Law News | Tagged 212 Cal.App.4th 1543, accidental, accidental loss, appellate court, architect, building, building inspectors, Caused, City, claim, clear example, construction, contractor’s, coverage, Coverage Excluded, covered peril, damage, damaged, declarations, demolished, demolition, denied, discovered, dwelling, enforcement, event, excluded, external, finished, flood, flood plain, floodplain, forces, gradually, home, homeowners policy, homeowners’ insurance policy, insurance company, insurance policy's, insure, insured, insurer, isolated, land use, law, law or ordinance exclusion, loss, minute order, natural, occurs, ordered, ordinance, ordinance or law, party negligence, policy limits, policyholders, project, property, regulating, regulations, Reichert, Reichert v. State Farm General Insurance Company 212 Cal.App.4th 1543, remodel, repair, replace, replacement, split, State Farm General Insurance Company, statement of facts, structure, successfully, suddenly, Summary judgment, undamaged, upgrade, widespread, zoning | Leave a comment

Class Action Against Life Insurance Company Not Precluded.

Posted on January 31, 2013 by Mark Mellor

Plaintiffs purchased life insurance policies. The death benefit payable to survivors varies with the performance of the funds each customer selects. Because the policyholder bears the risk associated with the investments, some federal circuits have held that the policies qualify as … Continue reading →

Posted in Class Action Law News, Insurance Law News, Legal News, Ninth Circuit Court of Appeal Law News, Securities Litigation Law News | Tagged 09-55513, 15 U.S.C. §78bb(f)(1), abrogated, accumulated, amend, associated, Bars, bears the risk, bringing, california law, claim, class action, Class Action Against Life Insurance Company Not Precluded, class actions, class claim, coincide, complaint, concealment, contract, contract claims, contract term, customer, death benefit, deceptive, deliberate, delivered, Dismissal, dismissed, district court’s, duty of good faith, excessive, fair dealing, federal circuits, federal trial court, fraudulent, fraudulent omission, Freeman Investments, funds, individual claims, insurance policies, insurer, investments, law claims, leave to amend, life insurance, misrepresentation, Ninth Circuit, omission, on the condition that, Pacific Life Insurance Company, payable, performance, policies, policyholder, private, promised, purchased, qualify, quotation marks, reference, remove, reversed, sale of securities, securities, Securities Litigation Uniform Standards Act of 1998, selects, separate account, SLUSA, state law, straightforward, survivors, tolling, unfair competition, universal, variable, varies | Leave a comment

No Insurance Coverage For Water Damage.

Posted on January 17, 2013 by Mark Mellor

Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss … Continue reading →

Posted in Appellate Law News, Contract Law News, Damages Law News, Insurance Law News, Legal News | Tagged 212 Cal.App.4th 69, ambiguity, ambiguous, appellate court, backs up, blockage, Cardio Diagnostic Imaging Inc., Caused, contract interpretation, contract language, coverage, damage, damages, directly, drain, efficient proximate cause, excluded, excludes, exclusion, external, extrinsic evidence, failed, Farmers Insurance Exchange, floor, found, indirectly, insurance contract, insurance policy, insurer, intake, interpreting, language, layperson, loss, malfunctioned, matter of law, mutual, No Coverage For Water Damage, overflow, overflowed, overflows, pipes, Policy, policy language, property damage, reasonably susceptible, resulted, sewer, sewer line, shut off, statutory rules, suffered, Summary judgment, sump, surface, time of formation, toilet, trial court, unambiguous, water | Leave a comment

Goodbye Collateral Source Rule.

Posted on January 2, 2013 by Mark Mellor

The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical … Continue reading →

Posted in California Supreme Court Law News, Damages Law News, Evidentiary Law News, Health Care Law News, Insurance Law News, Legal News, Personal Injury Law News, Trial Law News | Tagged 129 Cal.Rptr.3d 325, 2 Cal.3d 1, 257 P.3d 1130, 465 P.2d 61, 52 Cal.4th 541, 84 Cal.Rptr. 173, accepted, agreed to accept, amount paid, amounts, bill, billed, california supreme court, collateral, collateral source, collateral source rule, compensatory, detriment, differential, discount, discounted, economic damages, entitled to recover, full payment, Goodbye Collateral Source Rule, Hamilton Meats & Provisions Inc., health insurance, Helfend, Howell, included, incurred, injured person, insured, insurer, italics, lesser amount, liability, medical care, medical expenses, medical provider, medical providers, medical services, negotiated, outlined, patients, prior agreement, provider, reasonable value, recoverable, rule, Southern Cal. Rapid Transit District, tortfeasor, uninsured, windfall | Leave a comment

Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.

Posted on December 31, 2012 by Mark Mellor

Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties. The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the … Continue reading →

Posted in Appellate Law News, Arbitration Law News, Contract Law News, Insurance Law News, Legal News | Tagged 128 Cal.Rptr.3d 330, 197 Cal.App.4th 1146, agreement to arbitrate, appellate court, application, arbitrate, arbitration, Arbitration agreement, arbitration clauses, arbitration provision, arbitrator's, bargaining, Beta Healthcare Group, between, burden of proving, clearly, compel arbitration, conspicuous, contracts of adhesion, coverage, denied, disclosed, disclosing, enforceability, Enforceable, insurance contract, insurance policies, insurance policy, insured, insurer, law, Mission Viejo Emergency Medical Assoc., Motion, moved to compel, neutral arbitrator, oppressive, ordered, parties, partner, party opposing, Policy, prima facie evidence, procedural elements, provision, public policy, requires, ruled, ruling, stated, time spent, trial court, type of insurance, Unconscionability, unconscionable, Unenforceable, unfair | Leave a comment

Category Archives: Insurance Law News

Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.

Evidence Of Title Insurance Should Have Been Admitted.

Another Non-Signatory Wrongly Sent To Arbitration.

No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.

Coverage Excluded For Ordinance or Law Under Homeowners Policy.

Class Action Against Life Insurance Company Not Precluded.

No Insurance Coverage For Water Damage.

Goodbye Collateral Source Rule.

Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.

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