California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Auto Insurance

Subscribe to Auto Insurance RSS Feed

Can an Insurer Escape Bad Faith Liability When it Unreasonably Forces an Insured to Arbitrate an Uninsured Motorist Claim? No Way!

Posted in Auto Insurance, Bad Faith, Case Updates
In a very good ruling for policyholders, the California Court of Appeal ruled that an insurance company cannot escape insurance bad faith liability by forcing a claimant to arbitrate his claim without first fairly investigating, evaluating and attempting to resolve the claim.  In Maslo v Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564, … Continue Reading

Want to Open Up the Policy Limits on a Policy? Try Making a Section 998 Offer Above Policy Limits and You Just May Be Able to Do It

Posted in Auto Insurance, Breach of Contract, Duty to Settle, Insurance Bad Faith
Can a pretrial California Code of Civil Procedure section 998 offer to settle above an insurer’s policy limits result in opening up a policy’s liability limits?  Interestingly, a California Court of Appeal has said “yes” to this question under certain limited circumstances if the offer is reasonable and made in good faith.  In Aguilar v. … Continue Reading

Alas, A Very Hot Issue in California Insurance Law is Decided (At Least for Now): Insurers Have No Affirmative Duty to Settle as Long as They Do Not Foreclose the Possibility of Settlement and/or Absent a Within-Policy-Limits Settlement Demand

Posted in Auto Insurance, Breach of Contract, Duty to Settle, Insurance Bad Faith
One of the hottest issues in California insurance law has been whether a breach of the good faith duty to settle can be found in the absence of a within-policy-limits settlement demand, thus giving rise to an insurer’s liability for an excess judgment… Continue Reading

The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

Posted in Auto Insurance, Case Updates, General Liablity, Insurance Bad Faith
We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the insurer’s failure to attempt to effectuate a settlement within policy limits after liability of … Continue Reading

Bad Faith Liability May Be Premised on an Insurer’s Failure to Effectuate Settlement When Insured’s Liability Was Reasonably Clear

Posted in Assignment of Claim, Auto Insurance, Case Updates, General Liablity, Insurance Bad Faith
The Ninth Circuit Court of Appeals in a recent decision held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the insurer’s failure to attempt to effectuate a settlement within policy limits after liability of its insured has become reasonably clear.  In … Continue Reading

Duty to Defend Triggered by the Peculiar Risk Doctrine

Posted in Auto Insurance, Case Updates, Duty to Defend, News
In Amer. States Ins. v. Progressive Casualty Ins., 180 Cal. App. 4th 18 (2009), the California Court of Appeal addressed the “peculiar risk” doctrine in the context of an insurer’s duty to defend.  Victor Meza was a self-employed truck driver who was hired by Western Trucking LLC (“Western”) as an independent contractor.  While driving a … Continue Reading