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LexisNexis® Mealey's™ California Insurance Legal News
Headline California Insurance Legal News from LexisNexis®

• 9th Circuit: Underlying Allegations Are Not 'Property Damage' Under Policy
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 2 in an unpublished opinion ruled that a commercial liability insurer does not have a duty to defend its insured in an underlying copyright infringement action, finding that the underlying claim does not allege "property damage" under the policy (UMG Recordings Inc. v. American Home Assurance Co., et al., No. 06-56076, 9th Cir.; 2008 U.S. App. LEXIS 18990). Full story on lexis.com
• Liquor Liability Policy Not Triggered, Appellate Panel Rules
  SAN DIEGO - The Fourth District California Court of Appeal on Aug. 20 ruled that a club's liquor liability policy is not triggered when the underlying allegations against the club arise out of negligent failure to train and supervise its employees rather than the furnishing of alcohol (Martini Ranch San Diego, LLC v. Columbia Casualty Co., No. D051510, Calif. App., 4th Dist.; 2008 Cal. App. Unpub. LEXIS 6851). Full story on lexis.com
• Coverage Excluded; No Bad Faith, California Judge Rules
  SACRAMENTO, Calif. - There is no potential for coverage under a policy based on its assault and battery (A&B) exclusion and, therefore, an insurer had no duty to defend or indemnify its insured against an underlying action for negligence, a California federal judge found Aug. 5, granting summary judgment in favor of the insurer on claims for breach of contract, bad faith and declaratory relief (Boblos's Inc., d/b/a Trino's Lounge, and Pablo Sanchez v. The Burlington Ins. Co. and Does 1 to 50 inclusive, No. 2:07-CV-00894 JAM DAD, E.D. Calf.; 2008 U.S. Dist. LEXIS 67650). Full story on lexis.com
• Appeals Court Finds Insurer May Be Liable Under Operations Policy
  LOS ANGELES - The Second District California Court of Appeal on Aug. 29 reversed a grant of summary judgment to a garage and operations insurer that denied coverage to a minor who seriously injured a woman in a collision just a week after taking possession of a used truck, finding that issues of fact exist as to who held the truck's title and whether the claimant was a permissive user of the vehicle (Pamela Spangle v. Farmers Insurance Exchange, et al., No. B198340, Calif. App., 2nd Dist.; 2008 Cal. App. LEXIS 1379). Full story on lexis.com
• Judge: Termination Of Disability Benefits Was Abuse Of Discretion
  SAN FRANCISCO - A disability plan that terminated benefits to a claimant with back pain and psychological conditions abused its discretion, a federal judge ruled Sept. 3, finding that a plan reviewer failed to consider the claimant's current global assessment of functioning and another failed to consider her psychological conditions (Susan O'Hartz v. California State Automobile Association Inter-Insurance Bureau Group Long Term Disability Plan, No. C-07-0415, N.D. Calif.; 2008 U.S. Dist. LEXIS 67625). Full story on lexis.com
• Judge: Medical Records, Surveillance Support Benefit Termination
  SAN FRANCISCO - An ERISA-governed insurer that relied in part on surveillance video and medical record reviews in its decision to terminate benefits to a claimant suffering from joint pain and sleep apnea was reasonable, a federal judge ruled Aug. 7 (Mark Eppler v. Hartford Life and Accident Insurance Co., Long Term Disability and Life Plan for Employees of Minnesota Methane, No. C 07-04696, N.D. Calif.; 2008 U.S. Dist. LEXIS 59767). Full story on lexis.com
• Judge: Questions Exist Over Medical Evidence, Diagnosis
  SAN FRANCISCO - A federal judge on July 18 found that issues of fact exist on whether a claimant's fibromyalgia was based on self-reported symptoms or a standard clinical examination, denying an ERISA-governed insurer's motion for summary judgment. The insurer argued that it properly terminated benefits under its disability plan's 24-month benefit limitation clause (Dawn Rutherford v. Scene 7 Long Term Disability Plan, Prudential Insurance Company of America, No. C-07-06426, N.D. Calif.; 2008 U.S. Dist. LEXIS 5351). Full story on lexis.com
• Beneficiary Precluded From Recovering Benefits, 9th Circuit Rules
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 28 found no abuse of discretion by a lower court in barring a beneficiary from testifying and in admitting certain evidence reviewed in a bench trial over whether the primary beneficiary to a million-dollar life insurance policy conspired in the murder of her husband, barring her from receiving benefits under the policy (Nationwide Life Insurance Co. v. Angelina Richards, et al., No. 06-56562, 9th Cir.; 06-56562). Full story on lexis.com
• Court Finds Insurer Had No Liability To Sellers Of Allegedly Defective Home
  LOS ANGELES - A California appeals panel on July 14 affirmed a trial court's decision that an insurer did not have a duty to defend the sellers of a home that allegedly contained defects and mold, finding that the policy did not exist at the time of sale and that the insureds' claims were excluded under the policy (Edward N. Miller, et al. v. Mercury Casualty Co., No. B197080, Calif. App.