Latest Articles
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December 21, 2025
(The Insurance Code Does Not Impose an Independent Obligation on Insurers to Retroactively Refund Premiums Based on Approved Rates When Those Rates Later Become “Excessive”)
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December 21, 2025
(Extrinsic Evidence Offered to Show a Latent Ambiguity in an Exception to the Pollution Exclusion is Inadmissible Because the Term “Sudden” Could Not Reasonably Be Construed to Mean Gradual)
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December 21, 2025
(Insurance Commissioner Is Not Authorized To Add Liability Insurance To The Coverages That The California Fair Plan Association Must Offer As “Basic Property Insurance”)
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December 21, 2025
(No Accident Notwithstanding Jury Determination of Negligence Barred Indemnity Coverage Under Liability Policy)
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September 11, 2025
In Dameron Hospital Association v. Progressive Casualty Insurance Co., 111 Cal. App. 5th 530 (2025), the California Third District Court of Appeal held that a hospital cannot bypass Medi-Cal reimbursement procedures by seeking full payment directly from a patient’s uninsured/underinsured motorist (“UM”) insurance benefits based on an assignment of benefits (“AOB”) clause in its Conditions of Admission (“COA”).
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September 11, 2025
In Siino v. Foresters Life Insurance and Annuity Co., 133 F.4th 936 (9th Cir. 2025), the Ninth Circuit Court of Appeals addressed whether an insurer’s failure to comply with California’s statutory notice requirements invalidated its termination of a life insurance policy for nonpayment of premiums. In this case, Pamela Siino had purchased a life insurance policy from Foresters Life Insurance and Annuity Company (“FLIAC”) in 2010. After moving in 2014 and failing to successfully update her address, Siino did not receive notices about her premium due in January 2018 and as a result, failed to pay it by the deadline. FLIAC sent a lapse notice in February 2018, notifying Siino that her policy had lapsed, but also advising she had the opportunity to reinstate it by paying the premium. However, Siino again did not receive the notice and failed to submit her overdue premium to reinstate the policy. In 2020, Siino purchased a new policy from another insurer and later filed a lawsuit against FLIAC, alleging violations of California Insurance Code sections 10113.71 and 10113.72 (collectively, the “Statutes”), which require insurers to provide pretermination and designee notices before terminating a policy.
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September 11, 2025
In Travelers Indemnity Co. v. Workers' Compensation Appeals Board, 111 Cal. App. 5th 568 (May 7, 2025), the California Fourth District Court of Appeal addressed whether a dispute over insurance coverage in a workers’ compensation case should be subject to mandatory arbitration under California Labor Code section 5275(a)(1). This case arose from a claim filed by George Zeber, a former professional baseball player, who alleged cumulative injuries sustained during his employment with the New York Yankees from 1968 to 1978. Travelers Indemnity Company (“Travelers”) disputed whether the New York Yankees had workers’ compensation coverage during that time. The Workers’ Compensation Appeals Board (“WCAB”) found that Zeber had sustained a compensable injury, but deferred any award pending mandatory arbitration of the insurance coverage dispute. Travelers challenged this decision, arguing that the WCAB lacked authority to compel arbitration because the injury occurred before the statutory threshold date for mandatory arbitration.
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September 11, 2025
In a long running dispute involving repeated tenders of defense of actions to quiet title for an easement running across Chicago Title Insurance Company’s (“Chicago”) insured, Richard Bartel’s (“Bartel”) property, the Court of Appeal in Bartel v. Chicago Title Ins. Co., 111 Cal.App.5th 655 (May 30, 2025) affirmed the trial court’s holding that Chicago had acted in bad faith in refusing to defend Bartel against such actions. However, the Court of Appeal affirmed the trial court’s decision that Chicago’s conduct did not support an award of punitive damages.
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