Thompson v. Northwest Physicians Mut. Ins.
Filed 8/30/06 Thompson v. Northwest Physicians Mut. Ins. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| DEA'VONTEE THOMPSON, a Minor, etc., et al., Plaintiffs and Appellants, v. NORTHWEST PHYSICIANS MUTUAL INSURANCE COMPANY, Defendant and Respondent. | E038890 (Super.Ct.No. SCVSS117398) OPINION |
APPEAL from the Superior Court of San Bernardino County. John P. Wade, Judge. Affirmed.
Nathaniel J. Freidman for Plaintiffs and Appellants.
Sinnott, Dito, Moura & Puebla, Blaise S. Curet, David M. Harris, and Stephen R. Wong, for Defendant and Respondent.
INTRODUCTION
Plaintiff Lavonda Williams sued her doctor, George Small, for professional negligence which allegedly occurred during her pregnancy and during the birth of her child, Dea'Vontee Thompson.[1] Dr. Small did not contest the action because he had filed for bankruptcy. Plaintiff then obtained a default judgment of approximately 17 million dollars.
Plaintiff, as a judgment creditor, then filed this suit against Northwest, the alleged insurer of Dr. Small, to recover damages from Northwest.
Northwest admitted that it had issued a professional liability policy to Dr. Small, but contended the policy was a claims made policy, and no claim was made during the time the policy was in effect.
Following plaintiffs' unsuccessful summary judgment motion, Northwest brought its own motion for summary judgment. Northwest's motion was granted and the trial court dismissed the action. Plaintiffs appeal, contending the trial court erred in granting defendant's summary judgment motion. Finding no error, we affirm.
FACTUAL AND PROCEDURAL HISTORY
A. Summary Judgment
A defendant's motion for summary judgment must be granted when the evidence shows that there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc.[2] § 437c, subd. (c).) â€
