Aerojet-General Corporation vs. Transport Indemnity Insurance Company
Year: 1996
Court: California Supreme Court
Case Number: S054501
Issue:
  • Allocation
State:
  • California

Insurance companies should not be allowed to profit from inconsistent coverage positions. / Allocation
Advanced Environmental Recycling Technologies, Inc. vs. American International Speciality Lines Insurance Company
Year: 2009
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 09-11075
Issue:
State:
  • Texas

This appeal addresses two issues of importance to policyholders across the country: (1) can “property damage” to the insured’s “product” be considered an “accident” or “occurrence” for purposes of coverage under an umbrella liability policy; and (2) do exclusions in an underlying primary policy apply…
Chauvin vs. State Farm Fire and Casualty Company, et al.
Year: 2005
Court: U.S. District Court, Louisiana Eastern District
Case Number: Civil Action 05-6454 c/w 06-0177
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
  • Value Policy Law
State:
  • Louisiana

The Court must reject State Farm’s untenable and unsupported suggested interpretation of the VPL which, in effect, seeks to render the VPL inapplicable to situations where a covered peril and a non-covered peril were each involved in the total loss to a covered property. The…
Chateau Chamberay Homeowners Association v. Associated International Insurance Co.
Year: 2000
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B137320
Issue:
  • Bad Faith
State:
  • California

Insurance companies should not be allowed to escape liability simply by hiring an expert. As a matter of law, the insurance company must conduct a fair and thorough investigation or whether or not it has acted in bad faith is a question of fact, and…
Cello-Foil Products, Inc. vs. Michigan Mutual Liability Company
Year: 1996
Court: Michigan Supreme Court
Case Number: 104107, 105981, 106678
Issue:
  • First manifest-environmental damage
State:
  • Michigan

In a policy involving environmental damage which actually took place over many years and spanning multiple insurance policy periods, coverage should not be limited only to insurance policies in effect at the time the property damage is discovered or “first manifests.”
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