UPDATED THROUGH SEPTEMBER 15, 2015]
When Does an Injury Arise Out of the Use of a Vehicle for Purposes of Coverage? The Court granted a request by the U.S. Court of Appeals for the Ninth Circuit under California Rules of Court, rule 8.548, to respond to the following question of California law: “For purposes of coverage under an automobile insurance policy, what is the proper test for determining whether an injury arises out of the ‘use’ of a vehicle?” Gradillas v. Lincoln General Ins. Co., S227632 (the request by the 9th Cir. No. 13-15638, at __ F.3d __ [2015 WL 4068840]). The request was certified 8/12/15.
Can the Insurance Commissioner Set Requirements For Replacement Value and Declare Non-Compliance as an Unfair Trade Practice? After the Second Appellate District Court of Appeal affirmed judgment against the Commissioner, the Court granted review of the following issues: (1) Does the Unfair Insurance Practices Act (Ins. Code, § 790, et seq.) give the Insurance Commissioner authority to promulgate a regulation that sets forth requirements for communicating replacement value and states that noncompliance with the regulation constitutes a misleading statement, and therefore an unfair trade practice, for purposes of the act? (2) Does the Insurance Commissioner have the statutory authority to promulgate a regulation specifying that the communication of a replacement cost estimate that omits one or more of the components in subdivisions (a)-(e) of section 2695.183 of title 10 of the California Code of Regulations is a “misleading” statement with respect to the business of insurance? (Cal. Code of Regs., tit. 10, § 2695.183(j).) Association of California Ins. Companies v. Jones, S226529 (opinion below B248622, formerly at 235 Cal.App.4th 1009). Review was granted 7/13/15.