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Coverage Alerts

1

When discovery sought by insurer in coverage dispute with insured is related to issues affecting the insured's liability in an underlying liability case, such discovery must be stayed.

2

Title insurance policy issued to owner/seller of property did not cover loss where purchasers of foreclosed property later learned of a lien but insured seller did not provide any warranties as to title.

3

Federal Arbitration Act governed plaintiff's motion to vacate appraisal award arising out of an insurance policy involving interstate commerce.

4

Failure of insurer to consider additional information submitted in support of claim sufficient to raise triable issue of fact regarding the reasonableness of the insurer's conduct and defeat a summary judgment motion based on the genuine dispute doctrine.

5

Workers' Compensation insurer addressing workers' compensation claim is not limited to cancellation as remedy for misrepresentations made in an application, but may also seek rescission.

 

6

In the case of a "partial loss" under an open fire insurance policy, the insurer is obligated under Insurance Code section 2051 to pay reasonable cost to repair, less depreciation, and may not limit its payment to fair market value before the loss. 

7

Willful misconduct exclusion which did not apply to defense costs could not support demurrer in coverage action where underlying action was still pending on appeal.  

8

Van provided to employee by employer for her regular use was not a covered vehicle under her personal automobile policy. 

9

California Insurance Commissioner was statutorily authorized in enacting regulations governing replacement cost estimates used for determining homeowners insurance coverage limits pursuant to Insurance Code Section 790.10 wherein the Commissioner was directed to "promulgate reasonable rules and regulations...as are necessary to administer" the Unfair Insurance Practices Act. 

10

Although insured was responsible to reimburse insurer for amounts paid by insurer in settlement of uncovered claims, it did not have to reimburse amounts paid in settlement which represented attorney's fees and costs within the supplementary payments provision of the policy.