California Homeowner’s Insurer Not Required To Pay Extended Repair Limits Until Homeowner Shows Proof of Repair

Under standard homeowner insurance policies the insurer is typically required to pay only the “actual cash value” of a loss—i.e., the fair (depreciated) market value—unless and until the insured actually incurs repair costs in excess of the actual cash value to repair the home.  In Kelly Minich, et al. v. Allstate Insurance Company, __ Cal.App.4th …

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Ninth Circuit Clarifies ERISA’s Full and Fair Review Standard by Imposing New Requirements on Plan Administrators in Salomaa Case

ERISA requires that an administrator provide a claimant with a “full and fair” review of a denial decision.  In a recent ruling entitled Salomaa v. Honda Long Term Disability Plan, __ F.3d __, 2011 U.S. App. LEXIS 4386 (9th Cir. Cal. Mar. 7, 2011) the Ninth Circuit Court of Appeals imposed a new requirement that …

Read moreNinth Circuit Clarifies ERISA’s Full and Fair Review Standard by Imposing New Requirements on Plan Administrators in Salomaa Case

New ED CA Decision is a Feast of First-Party and Third-Party Insurance Coverage and Bad Faith Principles

Every now and then a court decision comes along that is a virtual one-stop shop for basic insurance coverage and bad faith principles—a primer for newbie insurance attorneys and a refresher for seasoned litigators.  Chief Judge Anthony Ishii’s recent decision granting in part and denying in part an insurer’s motion for summary judgment on a …

Read moreNew ED CA Decision is a Feast of First-Party and Third-Party Insurance Coverage and Bad Faith Principles

California Insurance Commissioner Jones Announces New Regulations On Annuities For Seniors

In recent years there have been many cases of insurance agents selling unsuitable annuities to members of the public, especially seniors.  These annuities typically involve large premiums and very large cash surrender charges.  The large cash surrender charges are often in place for at least the first five years of the annuity and usually exist …

Read moreCalifornia Insurance Commissioner Jones Announces New Regulations On Annuities For Seniors

Court of Appeals Rejects Blue Shield’s Attempt to Impose a Two-Year Statute of Limitations for Bad Faith

Myrna Kawakita was set to undergo gastric bypass surgery, and her health insurer, Blue Shield of California, initially authorized the procedure.  However, rather than paying for the procedure, Blue Shield rescinded Kawakita’s health insurance policy, asserting that her application contained misrepresentations about her height and weight. Kawakita purchased her health insurance policy through Blue Shield’s …

Read moreCourt of Appeals Rejects Blue Shield’s Attempt to Impose a Two-Year Statute of Limitations for Bad Faith

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