The litigation privilege did not immunize coverage counsel's transmission of the claimant's tax returns to the insurer and its forensic accountant, which enabled the claimant to state a viable invasion of privacy claim on the basis that tax returns are privileged. Read More
An insurer did not act in bad faith by denying an uninsured motorist claim because the insured had not pursued her worker’s compensation claim, based on the same accident, to completion. Read More
As the Probate Code allows a plaintiff to sue the estate of a decedent to prove that the decedent was liable for an obligation covered by his insurance, the insurance company is considered a “party” to the litigation for purposes of 998 settlement offers and therefore can be liable for cost recovery if the insurer does not accept the plaintiff's… Read More
The insurer of a corporation that has been suspended for nonpayment of taxes cannot assert a subrogation claim after paying the insured corporation's judgment since subrogation means that the insurer stands in the shoes of the insured, and the insured would not be able to sue. Read More
Plaintiff's loss of its city license to operate a bar after a shooting death on its premises qualified as "loss of use of tangible property that is not physically injured," a loss expressly covered by its commercial general liability policy. Read More
An insurer was allowed to deny life insurance coverage based on the insured's failure to provide notice of disability, only if it could show it was actually prejudiced by the lack of notice. Read More
Insurance regulation defining “‘[k]knowingly committed” as “performed with actual, implied or constructive knowledge, including, but not limited to, that which is implied by operation of law" is a reasonable interpretation of the Unfair Insurance Practices Act and therefore is enforceable. Read More
Auto insurance coverage limit for injury “to each person” applies to any damages, including loss of consortium damages, flowing from a bodily injury to a single person—even if that person is not the only one who suffers from the loss of consortium. Read More
The filed-rate doctrine, as codified in Ins. Code 12414.26, barred plaintiff’s claim that a title insurer improperly charged additional document preparation and delivery service fees. Read More
Minnesota's statute that automatically revokes an ex-spouse's revocable designation of the other ex-spouse as a death beneficiary of an insurance policy or pension plan does not violate the federal constitution's Contracts Clause since it implements the former spouse’s presumed intent, thus supporting rather than impairing the contract. Read More
