TRB Investments, Inc., et al. v. Fireman’s Fund Insurance Company, No. S136690 (Cal. Sup. Ct. filed Nov. 13, 2006) - California Supreme Court held that the vacancy exclusion may not apply during building renovations because renovations are within the plain meaning of “under construction.”

Pacific Gas & Electric Co. v. Sup. Ct. (American General and Liability Ins. Co.) 2006 DJDAR 14172 (3rd Dist. Oct. 24, 2006) - Court of Appeal held that an insurer is not authorized to recover its insureds deductible pursuant to California Code of Regulations, Title 10, Section 2695.7 (section 2695.7).

State Farm General Ins. Co. v. Wells Fargo Bank, N.A., No. A111643 (1st Dist. Oct. 10, 2006) - Court of Appeal questioned but affirmed the doctrine of superior equities and held that State Farm has superior equity to Wells Fargo.  Wells Fargo was not entitled to judgment as a matter of law.

Medill v. Westport Ins. Corp., 06 C.D.O.S. 9358 (2nd Dist. Oct. 4, 2006) - Court of Appeal affirmed summary judgment in favor of the insurer, holding that an insurer whose liability insurance policy precludes coverage for contract claims has no duty to defend directors and officers against claims of negligence and breach of fiduciary duty where the loss arises out of a breach of contract.

Ortega Rock Quarry v. Golden Eagle Insurance Corp., 141 Cal. App. 4th 969 - Court of Appeal held that EPA administrative proceedings were not “suits” within the meaning of the policies at issue.  The Court also held that the total pollution exclusions in the policies precluded coverage for damage from natural dirt and rock when such materials were placed in US waters in violation of the Clean Water Act.