Meyer vs. Sprint Spectrum L.P.
Year: 2008
Court: California Supreme Court
Case Number: S153846
Issue:
  • Consumers Legal Remedies Act should include insurance
State:
  • California

Petition for Rehearing urging the Court to revisit its decision holding that the Consumers Legal Remedies Act, Civil Code section 1770 e seg (“CLRA”) does not authorize peremptory challenges to provisions in an agreement to foreclose the public civil justice system (e.g., through arbitration) and…
Metz, John v. Superior Court of California
Year: 2003
Court: California Court of Appeal, 2nd District
Case Number: B175073
Issue:
  • Relief under insurance code 1871.7; Deputize private citizens
State:
  • California

UP supports relief under section 1871.7 which deputizes private citizens to act on behalf of the state claiming that Farmers Insurance Co. makes misrepresentations in its handling of private passenger vehicle physical damage claims and in the sale and marketing of its private passenger vehicle…
Rohm and Haas Company vs. Continental Casualty Company
Year: 1998
Court: Pennsylvania Supreme Court, Eastern District
Case Number: 00670PHL98 & 00671PHL98
Issue:
  • "Known loss" standard vs. proof of fraud in application
State:
  • Pennsylvania

Pennsylvania should require proof of fraud on an application for insurance by clear and convincing evidence and should not adopt a “known loss” standard which drastically lowers the insurer’s burden.
Rocky Cola Café vs. Golden Eagle
Year: 2002
Court: California Supreme Court
Case Number: S117935
Issue:
  • Duty to Defend
State:
  • California

There is no authority for an insurer who provides a litigation defense to seek TOTAL reimbursement of all funds on grounds that it never had a duty to defend in the first place.
Richards, Alan vs. Lloyds of London
Year: 1995
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 95-55747, 95-56467
Issue:
  • Choice of Law
  • Forum selection
State:
  • California

Lloyds of London should be judicially estopped from asserting inconsistent positions with regard to enforcement of forum selection and choice of law clauses.
Ravindran vs. Harleysville Insurance Company
Year: 2002
Court: Superior Court of Pennsylvania
Case Number:
Issue:
  • Bad Faith
State:
  • Pennsylvania

Tutorial to court re: utmost good faith; bad faith; arbitration
Radian Guaranty Insurance vs. Respondents
Year: 2002
Court: California Insurance Commission
Case Number: SF 15404-A, OAH No. N2002070670
Issue:
  • Title Insurance
State:
  • California

UP supports DOI ruling that two companies that do not meet California criteria for title insurers to cease and desist from transacting title insurance.
Quan vs. Truck Exchange
Year: 1998
Court: California Court of Appeal
Case Number: 5071510
Issue:
  • Duty to Defend
State:
  • California

Amicus in support of request for review. Duty to Defend.
Qualcomm Inc. vs. Certain Underwriters at Lloyd’s, London
Year: 2007
Court: California Supreme Court
Case Number: S163293
Issue:
  • Excess Insurance
State:
  • California

Letter in Support of Petition for Review. UP took that the position that where a policyholder settles with a primary insurance for less than the full amount of the policy, the policyholder may still collect from its excess insurance company if a judgment is rendered…
QBE Insurance Corporation vs. Chalfonte Condominium Apartment Association, Inc.
Year: 2008
Court: Florida Supreme Court
Case Number: SC09-441
Issue:
  • Good Faith
State:
  • Florida

This case concerns whether or not Florida law recognizes a claim for breach of the implied warranty of good faith and fair dealing. Making an insurer accountable for causing additional damages that naturally flow from the breach of its mandated obligation of utmost good faith…
Powerline Oil Company, Inc. vs. Superior Court of California (Central National Fire Insurance Company)
Year: 2002
Court: California Supreme Court
Case Number: S113295
Issue:
  • Coverage
State:
  • California

When a policy uses the terms “suit” and “claim” in its “ultimate net loss provision, the insurer must provide coverage for a lawsuit in a court of law and other judicial proceedings.
Plastics Engineering Company vs. Liberty Mutual Insurance Company
Year: 2007
Court: Wisconsin Supreme Court
Case Number: Appeal No. 2008AP333
Issue:
  • Allocation
  • Occurrence
State:
  • Wisconsin

Because the incident giving rise to liability was each individual plaintiff’s continuous or repeated exposure to asbestos and not the business decision to manufacture asbestos or a failure to protect against their alleged hazards, the only plausible way to interpret “occurrence” is that it refers…
Allstate Insurance Company vs. Pincheira
Year: 2001
Court: New Mexico Court of Appeals
Case Number: 22,760
Issue:
  • Discovery
  • McKinsey documents
State:
  • New Mexico

UP opposes Allstate’s attempts to shield important documents regarding claims handling practices based on trade secrecy status. Court should allow discovery of internal documents pertaining to manner of handling claims (claims Core Process Redesign.) Secrecy allows corporate misdeeds by insurers to continue unchecked.
Pilkington North America vs. Travelers Casualty and Surety Company, et al.
Year: 2004
Court: Ohio Supreme Court
Case Number: 2005-0378
Issue:
  • Liability insurance follows liability by operation of law
State:
  • Ohio

Relying on the majority rule, UP supported the argument that a corporate policyholder is entitled to a defense and indemnity for pre-acquisition liabilities because liability insurance coverage follows the alleged liability by operation of law. The majority of courts have held that anti-assignment clauses do…
Philip Morris USA vs. Mayola Williams
Year: 2005
Court: U.S. Supreme Court
Case Number: 05-1256
Issue:
  • Punitive Damages
State:
  • United States

Review of Court’s previous decisions regarding punitive damages. The Court should not be setting substantive due process standards for punitive damage cases. Lower Courts have interpreted the Court’s opinion in Campbell V. State Farm Mut. Auto Ins. Co., as requiring a single digit ratio for…
Permanent General Assurance Corp. vs. Superior Court (Hernandez)
Year: 2003
Court: California Court of Appeal, 4th District
Case Number: G033269
Issue:
  • Claims Handling
  • Discovery and admissibility of evidence of pattern
State:
  • California

Request for depublication. ********* Depublication granted Nov. 2004.
Perez vs. Fire Insurance Exchange
Year: 2004
Court: California Court of Appeal, 5th District
Case Number: F043931
Issue:
  • Corporate Structure of Farmer’s Insurance Exchange
State:
  • California
Penzer, Michael, etc. vs. Transportation Insurance Company
Year: 2007
Court: Florida Supreme Court
Case Number: SC08-2068, Lower Court Case No.: 07-13827-FF
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • Florida

Insurance companies have a duty to defend violations of the Telephone Consumer Protection Act (TCPA) under a CGL policy’s “advertising injury” clause even when the facsimile transmission does not disseminate private information. Despite the absence of private information, an unsolicited facsimile arguably can still constitute…