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

• 9th Circuit Affirms No Coverage For Product Defect Itself
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 15 upheld a decision finding that liability insurance has not been triggered in connection with defects in Sony's PlayStation 2 where there are no allegations of damage to other property, such as customers' video game or movie discs (Sony Computer Entertainment v. American Home Insurance Co. and American International Specialty Lines Insurance Co., No. 05-17425, 9th Cir.; 2008 U.S. App. LEXIS 14985). Full story on lexis.com
• Arbitrator's Finding On Failure To Mitigate Reasonable, 5th District Rules
  FRESNO, Calif. - The Fifth District California Court of Appeal on July 17 ruled that an arbitrator's discussion and findings on a claimant's failure to mitigate damages was reasonable and was a natural "subset of its causation analysis" on damages incurred in an automobile collision (Ronald J. Rahe, et al. v. Nationwide Mutual Insurance Co., No. F053266, Calif. App., 5th Dist.; 2008 Cal. App. Unpub. LEXIS 5760). Full story on lexis.com
• Settlement Conditioned On Release Of All Claims Ambiguous, Panel Holds
  LOS ANGELES - An offer to settle water and wind damage claims is not governed by Code of Civil Procedure Section 998, the Second District California Court of Appeal ruled June 19, finding that the offer's "general release" was ambiguous as to whether it applied to a third potential additional damages claim. The appeals court ordered the award of costs to the insurer reversed (Po-Jen Chen, et al. v. Interinsurance Exchange of the Automobile Club, No. B194345, Calif. App., 2nd Dist.; 2008 Cal. App. LEXIS 1113). Full story on lexis.com
• Claimant Not Entitled To Underinsured Motorist Benefits, Panel Says
  SACRAMENTO, Calif. - The Third District California Court of Appeal on July 16 upheld a grant of summary judgment to Explorer Insurance Co., finding that it did not breach its policy in refusing to pay underinsured motorist benefits to an insured who was injured in a car accident (Explorer Insurance Co. v. Dwaine Gonzalez, No. C05450, Calif. App., 3rd Dist.; 2008 Cal. App. LEXIS 1061). Full story on lexis.com
• Genuine Dispute Existed As To Amount Of UIM Benefits, Judge Rules
  SACRAMENTO, Calif. - Considering all the information available to an insurer, the only reasonable conclusion from the undisputed facts is that a genuine dispute existed as to the amount of benefits to which an insured was entitled, a California federal judge found June 13, granting summary judgment to the insurer on claims for bad faith, breach of contract and punitive damages (Daniel Clinton Anderson v. State Farm Mutual Automobile Insurance Company; and Does I through X, inclusive, No. 2:06- CV-2843-JAM-KJM, E.D. Calif. 2008 U.S. Dist. LEXIS 54032). Full story on lexis.com
• Panel Finds Policy Rescission Not Warranted
  SAN FRANCISCO - The First District California Court of Appeal on July 25 upheld a grant of summary judgment to an annuity insurer, rejecting arguments that a claimant's purchase of an annuity when she was unaware that she was suffering from a terminal illness was not a mistake of fact warranting rescission (Carol Grenall, et al., as administrators, etc. v. United of Omaha Life Insurance Co., No. A118823, Calif. App., 1st Dist.; 2008 Cal. App. LEXIS 1148). Full story on lexis.com
• Issues Of Fact Exist Over Representations, Reliance, Panel Says
  LOS ANGELES - Issues of fact exist on alleged representations by claims personnel and a claimant's reliance on those representations, the Second District California Court of Appeals ruled July 11, reinstating breach of contract and fraud claims against the tortfeasor's insurer (Grace Rivera v. State Farm Mutual Automobile Insurance Co., No. B194750, Calif. App., 2nd Dist.; 2008 Cal. App. Unpub. LEXIS 5612). Full story on lexis.com
• Pollution Exclusion Applies To Saltwater Flooding Of Agricultural Land
  FRESNO, Calif. - A California judge ruled July 11 that a standard pollution exclusion applies with respect to the unintended flooding of orchards and vineyards with saltwater/brine wastewater from an adjacent olive grower's pond (National Union Fire Insurance Company of Hartford, as successor to Transcontinental Insurance Co. and American Casualty Company of Reading, Pa., v. Adolph Martinelli Jr. and Claudia Sue Steinhauer, No. 07-Cv-01056, E.D. Calif.; 2008 U.S. Dist. LEXIS 52911). Full story on lexis.com
• Court: Issues Of Fact Exist Over Insurers' Duty To Defend
  LOS ANGELES - Triable issues of fact exist over whether two liability insurers share a joint defense obligation to a common insured from claims stemming from an underlying construction defects lawsuit, the Second District California Court of Appeal ruled June 5, reversing a grant of summary judgment (Golden Eagle Insurance Co. v. Crusader Insurance Co., No. B195904, Calif. App., 2nd Dist.; 2008 Cal. Unpub. LEXIS 4571).