California Supreme Court Civil Issues Pending: Insurance
[UPDATED THROUGH MAY 3, 2012]
Can an Insured Bring a §17200 Action Against Insurer? (1) Can an insured bring a cause of action against its insurer under the unfair competition law (Bus. & Prof. Code, §17200) based on allegations that the insurer misrepresents and falsely advertises that it will promptly and properly pay covered claims when it has no intention of doing so? (2) Does Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287 bar such an action? Zhang v. S.C. (California Capital Insurance), S178542 (opinion below E047207, formerly 178 Cal.App.4th 1081), review granted 2/10/10. The petition for review is here. Update 9/28/11: Review granted in Hughes v. Progressive Direct Ins. Co., S195069 (opinion below B224990, formerly 196 Cal.App.4th 754), with briefing deferred pending the decision in Zhang.
Multiple Insurance Policies Applied To Continuous Damage. (1) When continuous property damage occurs during the periods of several successive liability policies, is each insurer liable for all damage both during and outside its period up to the amount of the insurer’s policy limits? (2) If so, is the “stacking” of limits—i.e., obtaining the limits of successive policies—permitted? State of California v. Continental Ins. Co., S170560 (opinion below E041425, formerly 170 Cal.App.4th 160, as modified, as further modified), review granted 3/18/09. The petition for review is here. Update 8/24/11: Review granted in Kaiser Cement & Gypsum Corp. v. Insurance Co. of State of Pennsylvania, S194724 (opinion below B222310, formerly 196 Cal.App.4th 140). Briefing deferred pending State of California v. Continental Ins. Co. Update 5/3/12: Oral argument scheduled for 5/30/12.
