SPRINKLES v. ASSOCIATED INDEMNITY
CORPORATION
Filed 9/1/10
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
ROSE SPRINKLES et al.,
Plaintiffs and Appellants,
v.
ASSOCIATED INDEMNITY
CORPORATION et al.,
Defendants and Respondents.
B218417
(Los Angeles
County
Super. Ct.
No. BC410998)
APPEAL from
an order of dismissal by the Superior Court of the County
of Los
Angeles, Ronald M. Sohigian, Judge. Affirmed.
Grassini
& Wrinkle, Roland Wrinkle for Plaintiffs and Appellants.
Hager &
Dowling, John V. Hager for Defendants and Respondents.
>
INTRODUCTION
Plaintiffs and appellants Rose,
Austin, and Logan Sprinkles[1] are the heirs of a motorcyclist who died in an
accident caused by an employee, Juan Bibinz (Bibinz), of Sinco Co., Inc.
(Sinco). Sinco had an automobile
liability policy issued by General Insurance Company of America (General), an
excess and umbrella policy issued by Fireman's Fund Insurance Company
(Fireman's Fund), and a commercial general liability (CGL) policy issued by
Fireman's Fund.[2] Plaintiffs partially settled with Sinco and
Bibinz for the full policy limits under the automobile policy and the excess
and umbrella policy. Fireman's Fund
denied coverage under the CGL policy and, under that policy, refused to defend
an action by plaintiffs against Sinco.
In the partial settlement, plaintiffs, Sinco, and Bibinz agreed to
arbitrate plaintiffs' claims, and plaintiffs took an assignment of Sinco's
claims under the CGL policy against Fireman's Fund.
After the arbitrator's award to
plaintiffs of more than $27 million, plaintiffs filed this bad faith action against Fireman's Fund. Before the trial court on a demurrer to
the complaint, Fireman's Fund contended that Bibinz was an insured under the
CGL policy, and therefore the exclusion in the policy for automobile accidents applied. The trial court sustained the demurrer
without leave to amend, holding that the CGL policy provided no coverage for
the automobile accident that caused plaintiffs' damages.
Plaintiffs
assert, inter alia, that the policy definition of â€
| Description | Plaintiffs and appellants Rose, Austin, and Logan Sprinkles[1] are the heirs of a motorcyclist who died in an accident caused by an employee, Juan Bibinz (Bibinz), of Sinco Co., Inc. (Sinco). Sinco had an automobile liability policy issued by General Insurance Company of America (General), an excess and umbrella policy issued by Fireman's Fund Insurance Company (Fireman's Fund), and a commercial general liability (CGL) policy issued by Fireman's Fund.[2] Plaintiffs partially settled with Sinco and Bibinz for the full policy limits under the automobile policy and the excess and umbrella policy. Fireman's Fund denied coverage under the CGL policy and, under that policy, refused to defend an action by plaintiffs against Sinco. In the partial settlement, plaintiffs, Sinco, and Bibinz agreed to arbitrate plaintiffs' claims, and plaintiffs took an assignment of Sinco's claims under the CGL policy against Fireman's Fund. |
| Rating |
