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Category Archives: Insurance Law

Dorrance v. US

(United States Ninth Circuit) – In a tax action, the district court’s order of a partial-refund is reversed where taxpayers who sell stock obtained through demutualization of mutual life insurance companies cannot claim a basis in the proceeds of that sale for tax purposes because…

Heckart v. A-1 Self Storage

(California Court of Appeal) – In an action arising out of the rental of self-service storage space, alleging violations of the Unfair Competition Law (UCL), Bus. & Prof. Code section 17200 et seq., violations of the Consumers Legal Remedies Act (CLRA), Civ. Code section 1750…

Nationwide Mutual Ins. v. Shimon

(California Court of Appeal) – In an insurance coverage case, arising when a 17-year-old driver got into a motor vehicle accident, injuring two people, while driving an uninsured vehicle, the trial court’s entry of declaratory judgment of no coverage in favor of insurer is affirmed…

People v. Lexington Nat. Ins. Corp.

(California Court of Appeal) – In a surety’s appeal of an order of forfeiture on a $20,000 bail bond when a defendant failed to appear at a hearing in his criminal case, the trial court’s forfeiture order is reversed where the bond was rendered void…

Fidelity and Guaranty Ins. Underwriters, Inc. v. US

(United States Federal Circuit) – In a suit under the Tucker Act, 28 U.S.C. section 1491(a)(1), seeking reimbursement from the government for legal expenses and settlement costs plaintiff allegedly incurred in its capacity as general liability insurer for a government subcontractor engaged in asbestos removal…

US v. Binday

(United States Second Circuit) – Convictions for conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and conspiracy to obstruct justice stemming from a stranger-oriented life insurance (STOLI) fraud scheme by defendant insurance brokers is affirmed where there was sufficient evidence that defendants…

Hanover Insurance Co. v. Urban Outfitters, Inc.

(United States Third Circuit) – In an insurance action arising out of plaintiff Hanover Insurance’s alleged duty to defend or indemnify Urban Outfitters in a trademark infringement case brought by the Navajo nation, the district court’s grant of Hanover Insurance’s motion for judgment on the…

Underwriters of Interest v. ProBuilders Specialty Ins. Co.

(California Court of Appeal) – In an action between insurer seeking equitable contribution from defendant for a portion of the defense costs arising out of a construction defects insured under an Commercial General Liability policy, the trial court’s grant of summary judgment is reversed where:…

Grebow v. Mercury Insurance, Co.

(California Court of Appeal) – In an action alleging breach of contract and tortious breach of insurance contract, in connection with significant damage to plaintiff’s rear deck and supporting structure of their residence, the trial court’s grant of summary judgment to the insurer is affirmed…

Indian Harbor Ins. Co. v. F&M Equipment Ltd.

(United States Third Circuit) – In a contract action arising from plaintiff’s offer to renew defendant’s insurance contact on substantially different terms and raising the question of what constitutes a renewal under Pennsylvania contract law, the district court’s denial of defendant’s summary judgment motion is…

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