 coverage for “earth movement of any kind whatsoever, including but not limited to…earth sinking …settling, falling away, caving in” applied to exclude coverage for liability arising when the outrigger of a parked concrete pumper truck sank into uncompacted soil causing the truck to tip and concrete boom to strike workers; to the extent general liability policy afforded coverage, it was excess to auto policy based on respective policies’ non-conflicting “other insurance” clauses.
Scottsdale Indem. Co. v. Lexington Ins. Co. (2012) 2012 U.S. Dist. LEXIS 179722. General liability policy, not auto liability policy, applied to accident which occurred motorcycle-riding when funeral procession escort stopped traffic with green light, dismounted and began directing traffic when a motorcyclist collided with the rear end of the stopped traffic.
Am. Cas. Co. of Reading, PA. v. Western Envtl. Consultants, Inc. (E.D. Cal. 2011) 2011 U.S. Dist. LEXIS 98563. Pleading which does not allege locations of principal places of business of defendants is insufficient to demonstrate diversity jurisdiction.
Endurance Am. Specialty Ins. Co. v. Lance-Kashian & Co. (E.D. Cal. 2011) 2011 U.S. Dist. LEXIS 129330. Counsel selected by insured did not have conflict of interest sufficient to trigger right to independent counsel under California Civil Code § 2860; insurer could not seek subrogation from third party where doing so would shift loss back to insured.
Endurance Am. Specialty Ins. Co. v. Lance-Kashian & Co. (E.D. Cal. 2010) 2010 U.S. Dist. LEXIS 100467. Granting insured’s motion to dismiss insurer’s claims for Brandt fees and punitive damages because insurer’s “reverse bad faith” claim against insureds would not support such tort damages.
Blue Ridge Ins. Co. v. Jacobsen (9th Cir. 2009) 197 F.3d 1008. The Ninth Circuit certified to the California Supreme Court the issue of insurer’s right to recover settlement amounts under reservation of rights paid on account of non-covered claim.
Ins. Co. of the State of Pa. v. City of Long Beach (9th Cir. 2009) 342 Fed. Appx. 274. A city’s attorneys’ fees were found to be “damages” within the meaning of policy’s insuring language.
Lexington Ins. Co. v. Sentry Select Ins. Co. (E.D. Cal. 2009) 2009 U.S. Dist. LEXIS 109015. In an action by excess insurer against primary insurer for failure to settle within limits, evidence of excess insurer’s claim handling is irrelevant and not discoverable since the primary insurer was in control of the defense.
Anderson v. Tamalpais Cmty. Servs. Dist. (N.D. Cal. 2009) 2009 U.S. Dist. LEXIS 103692. Action against joint powers risk financing authority under 42 U.S.C. § 1983 not viable in absence of allegations of official policy of discrimination against third party plaintiff.
Clarendon Nat’l Ins. Co. v. H & G Transp (9th Cir. 2008) 290 Fed. Appx. 62. MCS-90 endorsement does not make policy which it endorses primary since “primary purpose” of an MCS-90 endorsement is to assure that injured members of the public are able to obtain judgment from negligent authorized interstate carriers.
Ins. Co. of the State of Pennsylvania v. City of San Diego (S.D. Cal. 2008) 2008 U.S. Dist. LEXIS 28280. Communications between the insurance company counsel retained to investigate a claim and make a coverage determination are privileged where the insurance company does not assert an advice of counsel defense but rather asserts that it acted as it did because the advice was, in its view, correct.
New Hampshire Ins. Co. v. Mendocino Forest Prods., Co., LLC (N.D. Cal. 2007) 2007 U.S. Dist. LEXIS 76147. Indemnity provisions in Buying Agreement required Seller’s insurer to indemnify Buyer regardless of negligence of Seller.
Clarendon Nat’l Ins. Co. v. Ins. Co. of the West (E.D. Cal. 2006) 442 F.Supp. 2d 914. Even where misrepresentation or concealment need not be intentional to constitute a defense, rescission of a contract is not permitted for an incorrect or incomplete response if the applicant had no present knowledge of the facts sought or failed to appreciate the significance of information related to him.
Nat’l Union Fire Ins. Co. v. Am. & Foreign Ins. Co. (C.D. Cal. 2006) 2006 U.S. Dist. LEXIS 96778. Excess insurer’s policy issued as part of OCIP (“wrap-up”) program entitled insurer to equitable subrogation from insurer of subcontractor whose policy did not contain exclusion for OCIP or “wrap-up” projects.
City of Martinez v. New Hampshire Ins. Co. (9th Cir. 2005) 152 Fed. Appx. 669. Coverage for “personal injury” does not apply to leased premises where no actual physical intrusion.
Sierra Foothills Public Utility Dist. v. Clarendon America Ins. Co. (E.D. Cal. 2006) 2006 U.S. Dist. LEXIS 32221. Public officials errors and omissions policy applies even where public entity is the only defendant in the action if action is based on an act of a public official.
Pac. Lumber Co v. Nat’l Union Fire Ins. Co. (N.D. Cal. 2005) 220 F.R.D. 349; 2003 U.S. Dist. LEXIS 24585. Insured not entitled to protective order precluding insurer from undertaking depositions of persons with whom insured had previously settled.
Twin City Fire Ins. Co. v. Ennen (9th Cir. 2003) 64 Fed. Appx. 47; 2003 U.S. App. LEXIS 7673. No coverage for judgment against insured based on failing to perform implied in fact contract where policy only extended to injury arising out of misappropriation of advertising ideas.
Wal-Mart Stores, Inc. v. RLI Ins. Co. (8th Cir. 2002) 292 F.3d 583, 594. Insurer whose insured had right of indemnity deemed excess to coverage afforded to named insured as an additional insured under vendor’s policy.
Blue Ridge Ins. Co. v. Jacobsen (9th Cir. 2001) 10 Fed. Appx. 563; 2001 U.S. App. LEXIS 11422. Insurer which defended personal injury suit under reservation of rights entitled to summary judgment for recovery of settlement payments made over insured’s objection where no coverage was afforded.
Clarendon Nat’l Ins. Co. v. Insurance Co. of the West (2000) 2000 U.S. Dist. LEXIS 13920. Insurer whose policy specifically described vehicle involved in accident was primary despite MS-90 endorsement issued by second insurer.
Land Office v. Employers Reinsurance Corp. (9th Cir. 1999) 1999 U.S. App. LEXIS 1311. Insurer was entitled to summary judgment in a breach of contract action because policyholders made material misrepresentations on their insurance application and failed to submit sufficient evidence to demonstrate waiver.
Allstate Ins. Co. v. Chubb Group (9th Cir. 1998) 1998 U.S. App. LEXIS 4479. Insureds who placed protesters under citizen’s arrest covered under homeowners policy because they did not intend battery to occur.
Conrad Assocs. v. Hartford Accident & Indem. Co., (N.D.Cal. 1998) 994 F.Supp. 1196. Absence of evidence sufficient to show amount in controversy would exceed $75,000 justified remand to state court.
Pena v. McArthur (E.D.Cal. 1994) 889 F.Supp. 403; 1994 U.S. Dist. LEXIS 20610, Action filed against insured, insurer and its employee properly removed to Federal Court on grounds of diversity of citizenship; action against insurer severed and claim against employee dismissed.
Gasnik v. State Farm Ins. Co. (E.D.Cal. 1992) 825 F.Supp. 245. Insurance agent not a proper party to action and therefore removal to Federal Court proper.
Aetna Cas. & Sur. Co. v. Dannenfeldt (D.Ariz. 1991) 778 F.Supp. 484. Summary judgment granted for insurers because insureds failed to make required factual showing that the civil lawsuits emanating from Lincoln Savings and Loan scandal triggered the insurers’ obligation to defend.
State Farm Mut. Auto. Ins. Co. v. Khoe (9th Cir. 1989) 884 F.2d 401. Conditional receipt clause in insurance application was unambiguous, but issue of fact existed as to whether temporary coverage was afforded as it was unclear if insurer actually read and explained clause to insureds.
Hartford Accident & Indemnity Company v. Continental National American Insurance Companies (9th Cir. 1988) 861 F.2d 1184. Primary insurer not entitled to recover defense costs from excess insurer without actual exhaustion of policy limits; tender of primary insurance policy limit insufficient to trigger excess insurer’s duty to defend.
