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Category Archives: False Advertising

US Fidelity and Guaranty Co. v Fendi Adele S.R.L

(United States Second Circuit) – In an insurance coverage action involving a seller of merchandise, who was insured under defendant’s liability insurance policy for damages it was required to pay because of ʺadvertising injury,ʺ and who during the policy coverage period sold counterfeit goods bearing…

Zubik v. Burwell

(United States Supreme Court) – In a case brought by nonprofit organizations that provide health insurance to their employees, challenging the federal regulations require them to cover certain contraceptives as part of their health plans, unless they submit a form either to their insurer or…

D. Cummins Corp. v. U.S. Fidelity & Guaranty

(California Court of Appeal) – In a suit brought by a company that installed asbestos products for declaratory relief against insurers, seeking, pursuant to Code of Civil Procedure section 1060, coverage for asbestos-related claims, the trial court’s order sustaining without leave to amend the defendants’…

Travelers Cas. & Surety Co. v. WCAB

(California Court of Appeal) – In an insurer’s action seeking seeks to set aside the decision of the Workers’ Compensation Appeals Board (WCAB) finding that a worker sustained a psychiatric injury resulting from a sudden and extraordinary employment condition within the meaning of Labor Code…

Utica Mutual Ins. Co. v. Herbert H. Landy Ins. Agency

(United States First Circuit) – In an coverage action between two insurance companies, the district court’s summary judgment order requiring plaintiff to defend its insured, defendant, in a California state court lawsuit is affirmed where plaintiff is obligated to defend defendant under its professional liability…

Halo v. Yale Health Plan

(United States Second Circuit) – In a civil action, brought by insured plaintiff claiming that defendant violated the Department of Labor’s claims-procedure regulation, 29 C.F.R. section 2560.503-1, in handling her health insurance claim, the district court’s grant of summary judgment to defendant is vacated and…

Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co.

(California Court of Appeal) – In an dispute between two insurers that shared “indemnification” costs (but not “defense” costs) to settle claims made against mutual insureds in underlying construction defect litigation brought by third parties, the trial court’s grant of defendant’s motion for summary judgment…

Gov’t Employees Ins. v. Avanguard Med. Group

(Court of Appeals of New York) – In an insurance action, brought by plaintiff insurance companies seeking declaratory relief, the Appellate Division’s order is affirmed where Insurance Law section 5102 does not require no-fault insurance carriers to pay a facility fee to reimburse New York…

CA Ins. Guarantee Assoc. v. Workers’ Comp. Appeals Bd.

(California Court of Appeal) – In an action challenging the Workers’ Compensation Appeals Board denial of a Legislatively-created insurance guarantee’s motion to be dismissed from the underlying workers’ compensation cases on the ground that it was authorized to pay only covered claims from which the…

Tenet Healthsystem Desert v. Blue Cross of Cal.

(California Court of Appeal) – In a suit by a hospital over defendants’ refusal to pay approximately $1,996,265.50 for the cost of medical services it provided to an insured patient following extensive communications with insurer-defendant over a period of approximately 50 days regarding ‘authorization’ for…

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