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Category Archives: Injury & Tort Law

Mills v. AAA Northern CA, NV and Utah Ins. Exch.

(California Court of Appeal) – In a suit against an insurance company that denied uninsured motorist coverage to a third party beneficiary injured in an automobile accident because it had cancelled the policy before the accident occurred, brought by the third party, the trial court’s…

Auto-Owners Insurance Company v. Stevens & Ricci Inc.

(United States Third Circuit) – In an insurance coverage dispute brought by an insurer seeking a declaration that it has no obligation to defend or indemnify its insured in connection with a $2,000,000 judgment entered against the insured as part of the settlement of a…

Vishva Dev, M.D., Inc. v. Blue Shield of California Life & Health Ins.Co.

(California Court of Appeal) – In a suit brought by a doctor against health insurers, arising out of denied payment for bills for the provision of emergency medical services to two patients insured by defendant, asserting breach of contract and quantum meruit, the trial court’s…

Demer v. IBM Corp.

(United States Ninth Circuit) – In an ERISA action against defendants IBM and claim administrator Metropolitan Life Insurance Co. (MetLife), the district court’s entry of summary judgment for defendants is reversed where MetLife abused its discretion in denying plaintiff’s claim for long-term disability benefits in…

Morris B. Silver, Inc. v. Int’l Longshore and Warehouse

(California Court of Appeal) – In an insurance law action, the trial court’s dismissal of the complaint is reversed where plaintiff’s state breach of contract, quantum meruit, and promissory estoppel claims against defendant are not preempted by the Employee Retirement Income Security Act.

Truck Insurance Exchange v. WCAB

(California Court of Appeal) – In a worker’s comp case in which employer received notification of the injury the day after it happened by a workers compensation claim was not submitted to insurer until more than seven years later, the order excluding laches as an…

US v. United Healthcare Ins. Co.

(United States Ninth Circuit) – In a qui tam action alleging that defendant Medicare Advantage organizations submitted false certifications in violation of the False Claims Act, the District Court’s judgment dismissing without leave to amend qui tam relator’s third amended complaint is remanded with instructions…

Ace American Ins. Co. v. Fireman’s Fund Ins. Co.

(California Court of Appeal) – In an equitable subrogation suit by an excess insurer against the primary insurer of a film set, on which a film industry worker was seriously injured, alleging that the injured worker initially offered to settle his case within the limits…

Roberts v. United Healthcare Services, Inc.

(California Court of Appeal) – In a class action for unfair competition, unjust enrichment and financial elder abuse, brought by a plaintiff enrolled in a private health plan offering benefits to persons 65 and over as well as disabled persons under the federally funded Medicare…

Travellers Cas. Ins. Co. of Am. v. Hirsch

(United States Ninth Circuit) – In an insurer-plaintiff’s suit alleging defendant, who was Cumis counsel for plaintiff’s insured, for declaratory judgment, unjust enrichment, breach of Cal.Civ. Code section 2860(d), and concealment, the District Court’s denial of defendant’s anti-SLAPP motion to strike plaintiff’s second amended complaint…

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