Cassim, Fareed vs. Allstate Insurance Company
Year: 2003
Court: California Supreme Court
Case Number: S109711
Issue:
  • Attorney's Fees
State:
  • California

Insureds should have the right to recover attorney’s fees incurred to recover unpaid benefits.
Carter-Wallace, Inc. vs. Admiral Insurance Company
Year: 1997
Court: New Jersey Supreme Court
Case Number: 44303
Issue:
  • All Sums
State:
  • New Jersey

Trigger of coverage; all sums; estoppel; joint & severe liability
Carrington, Harold J. vs. Superior Court of CA
Year: 2002
Court: California Court of Appeal, 1st District, Division 4
Case Number: 104694
Issue:
  • Long-term care
State:
  • California

Insurer should not be able to deny long term care policy years later on basis of alleged misrepresentation on application where insured now has Alzheimer’s. (Post claims underwriting)
Callas Enterprises vs. The Travelers Indemnity Company of America
Year: 1998
Court: U.S. Court of Appeals, 8th Circuit
Case Number: 98-3802
Issue:
  • Duty to Defend
State:
  • Minnesota

Insurers are obligated to pay defense costs for tortuous allegations in a complaint where distinct claims for an intellectual property tort is alleged along with a breach of contract claim.
California Medical Association vs. Aetna U.S. Healthcare of California
Year: 2001
Court: California Supreme Court
Case Number: S103631
Issue:
  • Bad Faith
State:
  • California

Health Plans play the same function as health insurers and should be held to the same standards. Policyholders reasonably expect adequate payment by health plans for their healthcare. Because inadequate payment to physicians could compromise the quality of healthcare, underfunding intermediaries and not paying physicians…
California Consumer Health Care Council, Inc. vs. California Department of Managed Care et al.
Year: 2001
Court: California Court of Appeal, 3rd District
Case Number: C041091
Issue:
  • Private right of enforcement
State:
  • California

Writ of Mandate requiring California Dept. of Managed Health Care to obey and enforce Health & Safety Code section 137.30(h) (Knox-Keene Act). Policyholders should be able to obtain documents from the CDMHC in connection with their appeal of an HMO denial to ensure that policyholder’s…
California Auto Insurance Company v. Hogan
Year: 2003
Court: California Supreme Court
Case Number: S120950
Issue:
  • Auto insurance
State:
  • California

California motor vehicle insurance provides coverage for injuries bearing almost any causal relationship to the vehicle.
Buss, Jerry H. and California Sports, Inc. vs. Superior Court State of California
Year: 1996
Court: California Supreme Court
Case Number: S052844
Issue:
  • Duty to Defend
State:
  • California

Under California law an insurer has a duty to defend the entire case as long as there is a potential for coverage of even one claim. Insurer can request an allocation of costs after defense is complete. Allocation—covered vs. uncovered.
Buell Industries, Inc. vs. Greater Mutual New York Insurance Company
Year: 2000
Court: Connecticut Supreme Court
Case Number: SC 16464
Issue:
  • CERCLA
State:
  • Connecticut

Under the Comprehensive Response, Compensation, and Liability Act, (CERCLA) payments for environmental remediation or “clean up” costs constitutes “damages” and should be compensable under liability insurance policies.
Boston Gas vs. Certain Underwriters at Lloyds, London, et. al.
Year: 2006
Court: U.S. Court of Appeals, 1st Circuit
Case Number: 07-1452
Issue:
  • Allocation
State:
  • Massachusetts

Coverage for continuous injury when multiple policies cover the loss. The Court should adopt the position that joint and several liability should be imposed against insurance companies for damages arising from an ongoing injury. The only way the policyholder can enjoy the security it purchased…
Board of Education of Township High School District No. 211 vs. International Ins. Co.
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 3
Case Number: 98-0084
Issue:
  • All Risk Policies
State:
  • Illinois
Board of Directors Metro Wastewater vs. Nat’l Union Fire
Year: 2003
Court: Colorado Supreme Court
Case Number: 03 SC 846
Issue:
  • Late notice
State:
  • Colorado

Whether insurer can deny claim based on late notice without showing of prejudice.
Blue Ridge v. Jacobsen
Year: 2000
Court: California Supreme Court
Case Number: 98-55052
Issue:
  • Duty to Defend
State:
  • California

Letter brief requesting rehearing–scope of duty to defend
Birth Center vs. St Paul Companies, Inc
Year: 1999
Court: Pennsylvania Supreme Court, Middle District
Case Number: Nos. 25, 26, 27 & 28 M.D. Appeal Dkts. 2000
Issue:
  • Refusal to Settle
State:
  • Pennsylvania

Payment of an excess verdict does not extinguish the insurer’s bad faith refusal to settle under Pennsylvania law.
Bi-Economy Market, Inc. vs. Harleysville Insurance Company of New York
Year: 2006
Court: New York State Court of Appeals
Case Number: Monroe County Index. No. 2004-11840, Appellate Division Index Case No. CA 06-00847
Issue:
  • Breach of Contract
  • Consequential Damages
State:
  • New York

The policyholder sought consequential damages for the loss of its business as a result of the insurance company’s refusal to make timely payment . The trial court refused to award consequential damages. United Policyholders argued that such damages are routinely awarded in breach of contract…
Berthelot et al. vs. Boh Brothers Construction Co. L.L.C. et al
Year: 2006
Court: U.S. District Court, Louisiana Eastern District
Case Number: 05-4182 section "K"(2)
Issue:
  • Anti-Concurrent Causation Clause
State:
  • Louisiana

The anti-concurrent causation language upon which Defendants rely has already been deemed ambiguous as a matter of law by another Federal Court addressing similar arguments raised by Defendants. Tuepker v. State Farm Fire and Cas. Co., 2006 WL 1442489 (S. D. Miss.). Furthermore, Defendants’ position…
Benoy Motor Sales, Inc. vs. Universal Underwriters Insurance Company
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 1
Case Number: 96-0536
Issue:
  • Loss Mitigation
State:
  • Illinois

Loss Mitigation; Indemnity v. Defense; PRP letters as suits
Delgado vs. Interinsurance Exchange of the Automobile Club of Southern California
Year: 2007
Court: California Supreme Court
Case Number: S155129
Issue:
  • Duty to Defend
State:
  • California

This case concerns the proper scope of an insurer’s duty to defend its insured in circumstances indicating that the insured may have acted in self-defense. United Policyholders takes the position that whenever the lawsuit contains factual allegations or extrinsic evidence from which the insurer can…