After a construction defect action settled, one insurer brought an action for equitable contribution against another insurer. The trial court ordered defendant to pay 43 percent of the defense costs and settlement as well as prejudgment interest. The appellate court stated “the burdens and proof are altered somewhat when one insurer with a defense duty […]
Summary Adjudication of Issues In Insurance Bad Faith Cases Reversed.
In a fire damage/insurance bad faith case, the trial court granted defendants’ motions for summary adjudication of issues. As to the plaintiffs who lost because they did not timely submit a proof of loss, the appellate court reversed, stating: “In order to enforce a defense based upon plaintiffs’ failure to provide a timely proof of […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]
Repaired Instead Of Replaced.
Plaintiff’s car was damaged in an accident. As provided in her insurance contract, her insurer elected to repair rather than pay for the damaged vehicle. She was unsatisfied with the result and sued her insurer, but lost in the trial court when she did not prove her vehicle could not be repaired to its pre-accident […]
Jury Did Not Wrongfully Consider Insurance In A Slip & Fall Case.
After a defense verdict in a slip & fall case, the plaintiff moved for a new trial, attaching the declaration of one juror to her motion. The declaration stated in part: “the jury discussed the belief that the plaintiff, Jean Barboni, must have already been paid on a homeowner’s insurance claim by an insurance company […]
Body Shop That Endorsed Insurance Check Held Liable For Conversion Of Credit Union’s Interest In The Proceeds.
A credit union financed the purchase of a Bentley in the amount of $136,126. The car was collateral for the loan and the owner was required to maintain insurance for the car. The owner did fulfill his obligation to have insurance but did not name the credit union as an additional insured on the policy. […]
Insurer Sits Back But Pays Later.
Two insurance companies were tendered claims by the same insured. One stepped up to the plate and provided a defense; the other declined the tender and merely monitored the suit. After the case was settled, the settling insurer sued the monitoring insurer for equitable contribution. The trial court allocated a 60/40 split between the insurance […]
Discrimination In Housing.
Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
- « Previous Page
- 1
- …
- 7
- 8
- 9
- 10
- Next Page »