22 Cited authorities

Buss v. Superior Court
16 Cal.4th 35 (Cal. 1997) Cited 682 times 16 Legal Analyses
Holding that an insurer may seek reimbursement of defense costs that may be allocated to claims that are not even potentially covered because a party desiring relief carries the burden of proof
Wilson v. 21st Century Ins. Co.
42 Cal.4th 713 (Cal. 2007) Cited 436 times 6 Legal Analyses
Holding that insured had raised triable issue of fact as to whether insurer breached the covenant of good faith by failing to investigate insured's claim, where insured had presented medical evidence of degenerative spine disease resulting from trauma, and the insurer denied the claim without conducting any investigation on the basis of the unfounded opinion that the insured suffered from a preexisting degenerative disorder
Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.
78 Cal.App.4th 847 (Cal. Ct. App. 2000) Cited 439 times 4 Legal Analyses
Holding presence of wood splinters in almonds caused "property damage" within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products
Egan v. Mutual of Omaha Ins. Co.
24 Cal.3d 809 (Cal. 1979) Cited 661 times 3 Legal Analyses
Holding that punitive damages could be awarded against an insurance company based on the tortious acts of its claims representatives
Scottsdale Insurance v. MV Transportation
36 Cal.4th 643 (Cal. 2005) Cited 283 times
Holding that the duty to defend is not excused where "the [plaintiff's] complaint could fairly be amended to state a covered liability."
Neal v. Farmers Ins. Exchange
21 Cal.3d 910 (Cal. 1978) Cited 508 times 2 Legal Analyses
Holding that jury appropriately found bad faith even though "some of evidence was to the effect that Farmers did no more here than assert its legal position reasonably and in good faith"
Brandt v. Superior Court
37 Cal.3d 813 (Cal. 1985) Cited 409 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
Jordan v. Allstate Ins. Co.
148 Cal.App.4th 1062 (Cal. Ct. App. 2007) Cited 161 times 1 Legal Analyses
Noting that "an insurer cannot reasonably and in good faith deny payments to its insured without fully investigating the grounds for its denial "
Aydin Corp. v. First State Ins. Co.
18 Cal.4th 1183 (Cal. 1998) Cited 173 times
Explaining that once the insured establishes that the occurrence forming the basis of its claim is within the scope of its coverage, the burden is on the insurer to prove the claim is specifically excluded
CNA Casualty of California v. Seaboard Surety Co.
176 Cal.App.3d 598 (Cal. Ct. App. 1986) Cited 220 times 2 Legal Analyses
Holding that there was a potential for coverage when the policy period began in November 1969 and the underlying complaint challenged a course of conduct beginning in 1966, because no dates were alleged for the specifically listed wrongful acts
Section 2695.7 - Standards for Prompt, Fair and Equitable Settlements
Cal. Code Regs. tit. 10 § 2695.7 Cited 53 times 2 Legal Analyses
Requiring an insurer "[u]pon receiving proof of claim ... immediately, but in no event more than forty calendar days later, accept or deny the claim, in whole or in part."

The Print Lab Inc. et al v. Scottsdale Insurance Company et al

22 Cited authorities

Holding that an insurer may seek reimbursement of defense costs that may be allocated to claims that are not even potentially covered because a party desiring relief carries the burden of proof

Holding presence of wood splinters in almonds caused "property damage" within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products

Holding that punitive damages could be awarded against an insurance company based on the tortious acts of its claims representatives

Holding that the duty to defend is not excused where "the [plaintiff's] complaint could fairly be amended to state a covered liability."

Holding that jury appropriately found bad faith even though "some of evidence was to the effect that Farmers did no more here than assert its legal position reasonably and in good faith"

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

Noting that "an insurer cannot reasonably and in good faith deny payments to its insured without fully investigating the grounds for its denial "

Explaining that once the insured establishes that the occurrence forming the basis of its claim is within the scope of its coverage, the burden is on the insurer to prove the claim is specifically excluded

Holding that there was a potential for coverage when the policy period began in November 1969 and the underlying complaint challenged a course of conduct beginning in 1966, because no dates were alleged for the specifically listed wrongful acts

Requiring an insurer "[u]pon receiving proof of claim ... immediately, but in no event more than forty calendar days later, accept or deny the claim, in whole or in part."