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Scottsdale Insurance Company v. CNC Technologies LLC et al

REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Scottsdale's First Amended Complaint and Defendants' Counter-Claim 132

23 Cited authorities

  1. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,748 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

  2. Brandt v. Superior Court

    37 Cal.3d 813 (Cal. 1985)   Cited 410 times   13 Legal Analyses
    Holding that attorney's fees can satisfy the element of damages in a first-party bad faith insurance claim because hiring a lawyer to deal with an insurance company's bad faith is akin to hiring a doctor to resolve injuries from a car accident

  3. Tomaselli v. Transamerica Ins. Co.

    25 Cal.App.4th 1269 (Cal. Ct. App. 1994)   Cited 258 times   2 Legal Analyses
    Holding conduct showing an insurer's "negligence or slipshod investigation" is not enough to support punitive damages

  4. Aerojet-General Corp. v. Transport Indemnity Co.

    17 Cal.4th 38 (Cal. 1997)   Cited 231 times   6 Legal Analyses
    Holding each insurer has a duty to defend "separate and independent from the others "

  5. Gafcon, Inc. v. Ponsor Associates

    98 Cal.App.4th 1388 (Cal. Ct. App. 2002)   Cited 166 times   1 Legal Analyses
    Recognizing a fiduciary relationship between an attorney retained by an insurer, on the one hand, and both the insurer and insured, on the other hand, where no conflict of interest exists

  6. White v. Western Title Ins. Co.

    40 Cal.3d 870 (Cal. 1985)   Cited 207 times
    Holding that fiduciary relationship between insurer and insured does not terminate when litigation commences

  7. Golden Eagle Ins. Co. v. Foremost Ins. Co.

    20 Cal.App.4th 1372 (Cal. Ct. App. 1993)   Cited 165 times   1 Legal Analyses
    In Golden Eagle, a couple received a renewal certificate from their insurance company, and retained the benefit of the renewed insurance policy without paying the premium.

  8. Blue Ridge Ins. Co. v. Jacobsen

    25 Cal.4th 489 (Cal. 2001)   Cited 86 times   2 Legal Analyses
    Holding that "if the insurer, as in this case, satisfies the prerequisites noted above, it should be deemed to have an implied-in-law right of reimbursement"

  9. Long v. Century Indemnity Co.

    163 Cal.App.4th 1460 (Cal. Ct. App. 2008)   Cited 57 times   4 Legal Analyses
    Holding that the appropriate remedy for a Cumis fee dispute was not litigation, but to move to compel arbitration, even when breach of contract and bad faith are alleged

  10. Basich v. Allstate Insurance Company

    87 Cal.App.4th 1112 (Cal. Ct. App. 2001)   Cited 68 times   1 Legal Analyses
    Affirming summary adjudication that insurer was not subject to punitive damages for bad faith

  11. Section 2860 - Duty of insurer to provide independent counsel to insured

    Cal. Civ. Code § 2860   Cited 274 times   24 Legal Analyses
    Implementing Cumis rule