An insurer failed to satisfy its obligation to settle a case of obvious liability within policy limits when it offered the full policy limits promptly, but demanded a full release of all claims against the insured in return—a broader release than it was entitled to. Read More
Even without entry of a judgment in excess of primary policy limits, an excess insurer that has paid part of a settlement in excess of the primary insurance policy's limits may sue the primary insurer on a claim for equitable subrogation to the insured's bad faith claim against the primary insurer, for unreasonably failing to settle within policy limits. Read More
Since the policy clearly allows it to do so, an insurer breaches neither its policy nor the duty of good faith in repairing rather than paying the value of a nearly new vehicle seriously damaged in an auto accident, even though the repaired vehicle’s market value is substantially lower than the vehicle’s pre-accident value. Read More
Triable issue of fact precluded summary judgment on insurance coverage for cost of restoring insured’s master bathroom after extensive water damage, but summary judgment was properly entered on the insured’s bad faith claim under the genuine dispute doctrine and on the insured’s elder abuse claim. Read More
A child molester’s “grooming” presents to the molested minor did not trigger application of Insurance Code section 11583 which tolls the statute of limitations on partial payment of compensation for injury given without notice of applicable limitations periods. Read More
A primary insurer cannot escape proportionate liability for indemnity or defense costs even if it puts its other insurance clause in the coverage portion of the policy as well as in the policy conditions section. Read More
