Haynes v. Farmers Ins. Exchange
32 Cal.4th 1198 (Cal. 2004) Cited 215 times 1 Legal AnalysesHolding permissive user limitation on automobile coverage found in endorsement was not conspicuous because, inter alia , limitation was located on the back of the policy, limitation was identified on “declarations” page only by alphanumeric designation along with 10 other endorsements, declarations page did not alert reader to fact that endorsement limited coverage, and language of limitation was “not bolded, italicized, enlarged, underlined, in different font, capitalized, boxed, set apart, or in any other way distinguished from the rest of the fine print.”
State Farm Mut. Auto. Ins. Co. v. Partridge
10 Cal.3d 94 (Cal. 1973) Cited 330 times 2 Legal AnalysesHolding "all ambiguities in an insurance policy are construed against the insurer-draftsman"
Otay Land Co. v. Royal Indemnity Co.
169 Cal.App.4th 556 (Cal. Ct. App. 2008) Cited 44 times 1 Legal AnalysesNo. D052057. November 25, 2008. Appeal from the Superior Court of San Diego County, No. 37-2007-00066684-CU-IC-CTL, Ronald S. Prager, Judge. Shoecraft Burton, Robert D. Shoecraft and Michelle L. Burton for Plaintiffs and Appellants. Musick, Peeler Garrett, Susan J. Field and Stephen M. Green for Defendant and Respondent. OPINION HUFFMAN, J. This appeal from a judgment of dismissal in favor of defendant and respondent Royal Indemnity Company (Royal), following an order sustaining its demurrer without
Royal Indemnity Co. v. United Enterprises, Inc.
162 Cal.App.4th 194 (Cal. Ct. App. 2008) Cited 27 timesNo. D051011. April 23, 2008. Appeal from the Superior Court of San Diego County, No. GIC864879, Patricia Yim Cowett, Judge. Shoecraft Burton, Robert D. Shoecraft and Michelle L. Burton for Movants and Appellants. Musick, Peeler Garrett, Susan J. Field and Stephen M. Green for Plaintiff and Respondent. Berman Aiwasian and Steven M. Haskell for Defendant and Respondent Century Indemnity Company. Sinnott, Dito, Moura Puebla, W. David Campagne and J. Karren Baker for Defendants and Respondents American
Thompson v. Mercury Casualty Company
84 Cal.App.4th 90 (Cal. Ct. App. 2000) Cited 21 timesFinding that a limitation appearing in a policy addendum, instead of "in the ‘Liability’ section of the policy, where an average layperson would expect to find it," was unenforceable
Siciliano v. Fireman's Fund Ins. Co.
62 Cal.App.3d 745 (Cal. Ct. App. 1976) Cited 41 timesIn Siciliano v. Fireman's Fund Ins. Co., 62 Cal. App. 3d 745 (Cal. App. Ct. 1976), an attorney sought an action for declaratory relief against his former client and an insurance company pertaining to a retainer agreement between attorney and client.
Fidelity and Casualty Co. of New York v. Lott
273 F.2d 500 (5th Cir. 1960) Cited 61 timesHolding that injury sustained during use of vehicle as support for deer rifle while hunting arose out of use of vehicle where slug deflected through roof killing other hunter