California
Dart Industries vs. Commercial Insurance Co.
Year: 1999
Court: California Supreme Court
Case Number: S096518
Issue:
  • Use of secondary evidence to prove coverage
State:
  • California

Opposing a Court of Appeal Decision, UP urged that insureds (including holocaust victims) who do not have copies of their original policies be allowed to offer “secondary evidence” of lost documents to prove the existence of the policies themselves.
County of San Diego v. Cigna Property and Casualty Company
Year: 2002
Court: California Court of Appeal, 4th District, Division 1
Case Number: D038707
Issue:
  • Coverage
State:
  • California

Duty of insurance company to cover claims not specifically addressed by court. Companion case to Ace Property.
County of San Diego vs. Ace Property & Casualty Insurance Company
Year: 2002
Court: California Supreme Court
Case Number: S114778
Issue:
  • Damages
State:
  • California

The “damages” in an insurance policy should be interpreted broadly to include much more than simply monies ordered by a Court. Even if a standard CGL policy is limited only to monies ordered by a Court, Umbrella Policies, such as the one in issue here…
Continental Casualty Company vs. Superior Court (Paragon Homes, Inc.)
Year: 2000
Court: California Supreme Court
Case Number: S101679, Appellate Case #B147084
Issue:
  • Duty to Defend
State:
  • California

UP filed a letter brief requesting review or depublication. UP supported position that the underlying allegations determine both coverage and the duty to defend regardless of how they may be labeled.
Cold Creek Compost, Inc., et.al vs. State Farm Fire & Casualty
Year: 2005
Court: California Court of Appeal
Case Number: A114623
Issue:
  • Duty to Defend
  • Pollution Exclusion and Coverages
State:
  • California

This case involves the proper scope and application of the “reasonable expectations doctrine.” Composting facilities create offensive odors in the ordinary course of business by composting mainly “green materials.” A reasonable policyholder under these circumstances would not consider the odors produced by its operations to…
Firemans Fund Insurance Co. vs. City of Lodi, CA
Year: 2000
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 99-158902
Issue:
  • Post Claims Underwriting
State:
  • California

UP supports lower court decision and educates the court on insurance company tactics, post claims underwriting, etc.
Fidelity and Guaranty Insurance Company, et al. vs. German Motors Corp. et al.
Year: 2006
Court: California Supreme Court
Case Number: S158329
Issue:
  • Garage keepers policy; interpretation of "necessary or incidental"
State:
  • California

Letter brief requesting Petition for Review of Appellate decision. Under a garage keepers policy the phrase “necessary or incidental to” when evaluating scope of coverage is not supported by the broader interpretation contained in published opinions in other states or any published opinions in California.…
Fairbanks vs. Superior Court of California, Farmers New World Life Insurance Co., et al.
Year: 2007
Court: California Supreme Court
Case Number: S157001
Issue:
  • Provisions of Consumers Legal Remedies Act (CLRA) should apply to insurance
State:
  • California

The provisions of the CLRA, Civil Code Section 1750, et seq. which prohibit “unfair methods of competition and unfair or deceptive acts or practices” in the sale or lease of “goods or services” to consumers should apply to the sale of insurance.
Everett vs. State Farm General Insurance Company
Year: 2007
Court: California Court of Appeal, 4th District, Division 3
Case Number: E41807, 08 C.D.O.S. 5181
Issue:
  • Underinsurance
State:
  • California

Everett puts the onus on people who are not trained or competent to set policy limits. They and countless California homeowners who will be impacted by future wildfires and other natural disasters will be irreparably harmed by the continued publication of the Everett decision. Everett…
Engalla, Nida vs. The Permanente Medical Group, Inc.
Year: 1995
Court: California Supreme Court
Case Number: SO48811
Issue:
  • Arbitration
State:
  • California

When a contract of adhesion such as in a medical plan, contains an arbitration clause, the judiciary should be able o review the arbitration systems to determine their fairness and neutrality.
E.M.M.I. Inc. v. Zurich American Insurance Company
Year: 2001
Court: California Supreme Court
Case Number: B152740
Issue:
State:
  • California

Letter brief urging depublication of opinion adopting a narrow interpretation of coverage exclusion
The Downey Venture vs. LMI Insurance Company
Year: 1996
Court: California Court of Appeal, 2nd District, Division 3
Case Number:
Issue:
  • Duty to Defend
State:
  • California

Duty to defend; Torts
Griffin Dewatering vs. Northern Insurance Company of New York
Year: 2006
Court: California Court of Appeal, 4th District, Division 3
Case Number: G036896
Issue:
  • Brandt Fees
  • Genuine Dispute
State:
  • California

The genuine dispute doctrine should not apply when the insurer fails to investigate the insured’s claim thoroughly and bases its denial of a duty to defend on an insufficient investigation. Indeed, the genuine dispute doctrine has no application to the duty to defend in circumstances…
Foster-Gardner, Inc. vs. National Union Fire Insurance Company of Pittsburgh, PA
Year: 1996
Court: Court of Appeals, 2nd Appellate Division, California
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • California

PRP letters as suits; polluter’s exclusion
First American Title Insurance Company vs. Superior Court
Year: 2006
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B194004 (2007)
Issue:
  • Discovery
State:
  • California

Request for depublication. Plaintiffs must be allowed pre-certification discovery in class actions arising out of insurance marketing and underwriting practices which often involve damages to policyholders that are too small to warrant individual action.
Hyundai Motor America vs. National Union Fire Insurance Company
Year: 2008
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 08-56527
Issue:
  • Duty to Defend
State:
  • California

The district court erroneously held that “advertising injury” insured under the CGL Policies at issue did not include “an injury caused by patent infringement even if that injury occurs during the course of an advertising activity.” The district court also failed to properly apply the…
Henkel Corporation vs. Lloyd’s of London
Year: 2002
Court: California Supreme Court
Case Number: S0982427
Issue:
  • Commercial General Liability
State:
  • California

The fundamental characteristic of a general liability policy (CGL) providing coverage on the basis of an occurrence is that the policy never expires even after the policy expires. If the occurrence causing the damage took place in the policy period, coverage should be provided regardless…
Haworth, Randal vs. Superior Court of California
Year: 2008
Court: California Supreme Court
Case Number: S165906
Issue:
  • Disclosure
State:
  • California

Neutral arbitrators, as well as sitting judges, should be required to disclose the facts and circumstances of a previous censure. The disclosure requirements for neutral arbitrators is critically important because it affects the ability of insurance consumers to obtain a fair and reasoned recovery of…