Strandley vs. CAN Insurance Company Year: 1998 Court: Washington State Supreme Court Case Number: Issue: Statute of Limitations State: Washington
Stonewall Insurance Company vs. Asbestos Claims Management Corporation Year: 1994 Court: U.S. Court of Appeals, 2nd Circuit Case Number: 93-7314 (L) Issue: AllocationEstoppel State: New York
Stone, Jonathan and Roberta, vs. Continental Insurance Company Year: 1995 Court: New York State Supreme Court, Appellate Division, Department 2 Case Number: Docket no. 95-11376 Issue: Insurance Nullification State: New York Tutorial; insurance nullification; insurance companies as fiduciaries; post-loss underwriting; Insurance as a defective product.
State of California vs. Superior Court Year: 2005 Court: Fourth Appellate District, California Case Number: Issue: Pollution Exclusion and Coverages State: California Application of the “pollution Exclusion” in liability insurance policies, regarding allocation of burden of proof as between covered and non-covered issues; regulatory estoppel; (regulatory admissions)
State of California ex rel. Nee, Linda and Metz, John vs. Unum Provident Corporation, et al. Year: 2005 Court: California Court of Appeal, 2nd District, Division 5 Case Number: B183487 Issue: Qui Tam State: California Amicus brief filed jointly in this case by UP and the Consumer Attorneys of California. Supports the right of private citizens to bring qui tam actions seeking redress for unfair claim practices against insurance companies.
State Farm Mutual Auto Insurance Company vs. Campbell, Curtis B., et al. Year: 2002 Court: U.S. Supreme Court Case Number: 01-1289 Issue: Punitive Damages State: United States UP argued that an award of punitive damages should be linked to reprehensibility of conduct. The Court should not establish a bright line ratio. UP reminded the Court that punitive damages serve the purpose of deterrence from corporate misconduct and should be large enough, depending…
Simon Wrecking Company Inc., et al. vs. AIU Insurance Company, et al. Year: 2007 Court: U.S. District Court, Eastern District of Pennsylvania Case Number: 03-CV3231 Issue: Pollution Exclusion and Coverages State: Pennsylvania Interpretation of pollution exclusion clause. UP urged the Court to interpret the “sudden and accidental” exclusion in favor of coverage and should estop CNA (the defendant) from applying the exclusion in anyway that is inconsistent with its representation to the State Insurance regulators in 1970…
State Farm Fire & Casualty Company vs. Simmons, James and Cynthia Year: 1996 Court: Texas Supreme Court Case Number: D-4095 Issue: Punitive Damages State: Texas UP brief supports Court of Appeals decision holding that (1) insurance company acted in bad faith; (2) the insurance company failed to show the policyholders burned their own home and (3) punitive damage award of two million was not excessive.
West American Insurance Company vs. Freeman, Mark R. Year: 1995 Court: California Supreme Court Case Number: S049306 Issue: Bad Faith State: California Insurance Company’s duty of good faith and fair dealing with its policyholder should continue into litigation and should not be limited to the circumstances surrounding the insurance coverage litigation.
Weiss, Richard D. vs. UnumProvident Year: 2004 Court: U.S. Court of Appeals, 3rd Circuit Case Number: 05-5428 Issue: ERISA State: Pennsylvania UP argued that the Supreme Court has held that RICO enforcement does not conflict with ERISA or the McCarran-Ferguson Act and that UnumProvident’s history of reprehensible bad faith claim handling, evidenced by governmental sanctions and numerous court decisions, requires that Plaintiffs be allowed their day…
Watts Industries, Inc. vs. Zurich American Insurance Company Year: 2003 Court: California Court of Appeal, 2nd District, Division 4 Case Number: B162067 (LASC Case No. 245144 consolidated with Case No. BC 251718) Issue: Duty to Defend State: California Insurer must offer a defense if there is a potential for coverage of any part of underlying claim.
Waters vs. United States Automobile Association Year: 1995 Court: California Supreme Court Case Number: BC 68468 Issue: Emotional Distress State: California Insurers duties re: property damage claims and insureds’ right to recover for emotional distress caused by bad faith conduct.
Watanabe vs. Blue Shield of California Year: 2007 Court: California Court of Appeal, 2nd District, Division 8 Case Number: 2nd Civ. No.B 195725 (BC 324008) Issue: Bad Faith State: California Blue Shield of California tried to shield itself from bad faith liability by claiming that Maria Watanabe’s benefits were denied by a medical group which had a contract with Blue Shield. But California law is clear: an insurer cannot delegate its implied covenant duties. The…
Wagner vs. Eire Ins. Year: 2002 Court: Supreme Court of Pennsylvania Case Number: Issue: Reasonable Expectations of Coverage State: Pennsylvania Gasoline station owner’s reasonable expectation of coverage for damage caused by gasoline should control.
Vu vs. Prudential Prop. & Casualty Insurance Company Year: 2000 Court: California Supreme Court Case Number: S078271 Issue: Statute of Limitations State: California
Village Northridge Homeowners Association vs. State Farm Fire & Casualty, et al Year: 2007 Court: California Supreme Court Case Number: S161008, Appellate District, Civil No. B188718 Issue: Fraud in inducement to settle State: California The question presented by the case is the following: After settling a first party claim by accepting money from and executing a release of the insurer, may an insured sue the insurer for fraud in inducing the settlement and seek to avoid the release without…
Vandenberg, John B. vs. Superior Court of the State of California Year: 1998 Court: California Supreme Court Case Number: S067115 Issue: Coverage State: California A coverage determination for property damage losses depends on the property itself and the nature of the risk causing the injury. Decision pertains to Commercial General Liability Policies
U.S. Underwriters Insurance Companys vs. City Club Hotel, LLC et al. and Spzakowski Year: 2003 Court: New York State Court of Appeals Case Number: 02- CV-07379NRB Issue: Attorney's FeesDeclaratory Relief State: New York In a case in which an insurance company has brought a declaratory judgment action to determine that it does not have policy obligations but defended in the underlying suit, the insured that prevails in the dec. relief action should be awarded attorney’s fees for defending…
