Essex Ins. Co. v. Five Star Dye House (2006) 38 Cal. 4th 1252

Jul 06, 2006

OUTCOME: Ruling in favor of insured's assignee

Insured was permitted to assign his or her right to attorney's fees incurred in securing contractual benefits denied in bad faith by insurer.

Marshall v. Standard Insurance (C.D. Cal. 2000) 214 F. Supp. 2d 1062

N/A

OUTCOME: Dismissal of representative claim

Court determined that while Marshall's claim for breach of California Business & Professions Code section 17200 et seq. as a representative of other insureds should not proceed due to potential for in ... dividualized facts.

Chastain v. Union Sec. Life Ins. Co. (C.D. Cal. 2007) 502 F. Supp. 2d 1072

N/A

OUTCOME:

Peterson v. American Life & Health Ins. (9th Cir. 1995) 48 F.3d 404

N/A

OUTCOME: Judgment for Insurer affirmed.

The Court of Appeals relied on a now-corrected mistake in re-lettering California Insurance Code section to find that failure to disapprove a group policy required finding conclusive approval.

IT Corp. v. Gen. American Life Ins. Co. (9th Cir. 1997) 107 F.3d 1415

N/A

OUTCOME: Reversed judgment for insurer

Court found that where an insurer handles the funds of an ERISA plan it acts as a fiduciary to the plan and its beneficiaries. The same is true where the insurer has final discretion on which claims a ... re paid, and refers only denied claims to the Plan for further assessment. The Court found that a contract term claiming the insurer could not be a fiduciary was of no import.

Solomon v. NALAC (9th Cir. 1998) 151 F.3d 1132

N/A

OUTCOME: Judgment for Insurer confirmed.

Ninth Circuit found that insurer could reply on a clause in group policy not revealed to the insureds in their certificates to terminate life insurance, although the insurer unlawfully concealed that t ... he group policyholder was financially dependent on it.

Tennessee v. Lane (2004) 541 U.S. 509

N/A

OUTCOME: ruling for Lane

Court determined that a private right of action for damages existed for disabled persons hindered from attending hearings at or gaining employment in state court due to their disability.

Jonathon Neil & Assoc. Inc. v. Jones (2004) 33 Cal. 4th 917

N/A

OUTCOME: Judgment for Insurer affirmed.

Court determined that tort damages were not available for an insurer's breach of the covenant of good faith and fair dealing for actions in manipulating an insured's worker's compensation premiums.

Galanty v. Paul Revere Ins. Co. (2000) 23 Cal. 4th 368

N/A

OUTCOME: Ruling for Insured Person

Confirmed inability of disability insurer to deny benefits based on alleged pre-existing condition more than 2 years after policy issued.

Kavruck v. Blue Cross (2003) 108 Cal. App. 4th 773

N/A

OUTCOME: Class Action Settled

Confirmed inability of insurer to change policy terms in violation of the insureds' reasonable expectations. Blue Cross sold policy promising insureds they would always be charged premiums in accorda ... nce with the age at which they bought their policy.