Two pedestrians were killed by an underinsured motorist. The father of one of them, who had his own underinsurance coverage, claimed than his insurance company also provided insurance for his daughter. The daughter was 39 years old, and while she had lived with her father, for at least a year prior to the accident, she lived […]
No Potential For Liability Under Homeowners Insurance Policy.
An insurance exchange petitioned the Court of Appeal for a writ of mandate directing the trial court to set aside its order denying its motion for summary adjudication in its action for declaratory relief on the ground there was no potential for coverage under a homeowners insurance policy. The same insurer also issued the homeowners a […]
Insurance Company Would Not Reveal Policy Limits.
Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of […]
Sometimes You Just Gotta Ask In Bad Faith.
Plaintiff was injured in a collision and filed suit three and a half months later. Liability against the insured defendant was clear. Seven months after the collision, plaintiff provided medical records to the insurance company. Four months after that, the insurer tendered its policy limits of $100,000. Two years after that, after a bench trial, judgment […]
When Only Injunction Is Requested, No Duty To Defend.
In the early stages of litigation, a third party brought an action against an insured for injunctive relief only, plus a claim for punitive damages. Later, the third party prayed for compensatory damages as well as injunctive relief. At that point, the insurance company agreed to assume a defense under its Duty to Defend, but refused […]
Duty To Defend Despite A Self-Insured Retention Clause.
The issue here involved a Self-Insured Retention [SIR] clause in an insurance policy. The appellate court noted that some insurance policies expressly and unambiguously make payment of a SIR obligation a condition of any obligation under the policy, including the duty to defend. Here, the policy stated in relevant part: “1. Our total liability for […]
Court May Defer Sending Fire Claim For An Appraisal.
In a class action brought by victims of fire losses, plaintiffs contend the insurance company followed illegal adjusting practices contrary to Insurance Code section 2051, subsection (b), which permits “reasonable deduction for physical depreciation based upon its condition at the time of injury.” As examples, they submitted claims for a 10-year-old set of lead crystal longchamp […]
Insurance Company May Stop Paying For Cumis Counsel After Withdrawing Its Reservation Of Rights.
The trial court granted summary judgment to an insurance company after determining it did not breach its insurance contract with its insured by refusing to pay any attorney fees incurred by the insured’s Cumis Counsel [San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358, [208 Cal.Rptr. 494, (Cumis)], after the company […]
An Insurance Policy’s “ Assault Or Battery ” Exclusion And The Meaning Of “ Physical Contact. ”
A nightclub dancer suffered severe injuries shortly after she completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. The man was convicted of aggravated mayhem and torture. In the underlying action, the woman sued her employer for inadequate security; it was resolved by a stipulated […]
Summary Judgment In Favor Of Insurance Company Reversed.
A commercial property was vandalized while vacant. The owner brought an action against the property’s insurer. The policy stated: “Rent [¶] We will pay: [¶]a. your net loss of rental income; and [¶] b. rents accrued but rendered uncollectible by reason of a covered loss at a location described on the Declarations Page; and [¶] c. […]
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