A Cadillac involved in an accident, which resulted in severe injuries to a plaintiff, was insured under two different policies and under two different named insureds. When plaintiff’s lawyer made a demand, it was against a person who was not in the car and under the wrong policy, a policy which had been canceled six […]
Massage Therapist Not Entitled To A Defense For Sexual Assault.
A massage therapist was sued by a client who contended he committed a sexual assault against her during a massage. The therapist contended an insurance company owed him a duty to defend the action because he was either a partner or an employee of the insured and the alleged assault occurred in the scope of […]
Insurance Commissioner Alleged To Be Asleep At The Switch.
A woman claims she should have been, but was not, provided with disability benefits under a group disability policy issued to her employer, a County. The insurer based its denial on language in the policy, which language the woman contends makes it “substantially easier than is permissible under settled California law for the insurer to […]
Insurance Is Like Marriage. You Pay, Pay, Pay, And You Never Get Anything Back. — Al Bundy.
After a passenger in the insured’s car obtained a $333,300 judgment against the insured, the insurance company filed an action seeking a declaration it had no obligation due to the policy’s “resident exclusion,” which stated there was no coverage for bodily injury to anyone inhabiting the same dwelling as the insured. The trial court granted […]
Primary vs. Excess Coverage Dispute.
Both plaintiff and defendant are insurance companies. A trucker, who owned his own truck entered into an agreement with a transportation company to deliver loads in two states. The agreement provided the trucker was an independent contractor, and the trucker agreed to maintain liability insurance and to name the transportation company as an additional insured. […]
You Can’t Make This Stuff Up!
The owner and supervisor of a company was yelling and visibly upset that there was a sanitary napkin by the toilet and blood around the toilet seat. All female employees were ordered to line up to be checked to see if they were having their period, with a promise that anyone who refused to get […]
Misconduct Means No Unemployment Insurance Benefits.
The superior court granted a writ of mandate brought by an employee of a school district who was denied unemployment insurance benefits pursuant to Unemployment Insurance Code section 1256. The appellate court reversed the superior court’s order directing that the employee receive unemployment compensation benefits because the man committed misconduct within the meaning of 1256 […]
Unloading Injured Passenger Constitutes “Use” Within Meaning Of Insurance Code Section 11580.1.
A passenger in a car that stopped at the scene of an automobile collision feared a person might be in danger of being further injured in an explosion because the wrecked car was smoking and leaking fluid. She grabbed the person inside and physically removed her from the car. The woman who was removed from […]
Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.
In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
Hospital’s Lien For Treating Injuries Caused By Insured Tortfeasor.
Three patients, covered under a Kaiser Permanente health plan, were treated at an emergency room after being injured in a car accident caused by a third party’s negligence. The third party had insurance through California Automobile Association [AAA] and Allstate Insurance Company. Kaiser provided coverage through an agreement it had with the hospital, but neither […]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- …
- 10
- Next Page »