Ponciano v. Republic Indemnity Ins. of Cal.

Filed 2/28/06 Ponciano v. Republic Indemnity Ins. of Cal. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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William Ponciano caused an automobile accident resulting in the death of Ray Potts. Republic Indemnity Insurance Company of California (Republic) seeks declaratory relief against Jennifer Ponciano, William Ponciano, and Ray Potts's widow, Laura Potts, asserting a policy issued by Republic to the Poncianos did not provide coverage for the accident. Republic obtained summary adjudication in its favor on the coverage question. While Potts appealed because the summary adjudication resolved all issues as to her, the Poncianos (along with the trustee of their bankruptcy estate, John Reger) and Republic requested summary adjudication of two remaining issues: (1) whether Republic had a duty to accept a settlement offer from Potts on behalf of the Poncianos and (2) whether Republic had a duty to inform the Poncianos of their right to Cumis^[1] counsel and to supply such counsel. The court ruled in favor of Republic on all causes of action. The Poncianos and Reger appeal the ensuing judgment. Having previously decided the Potts appeal in favor of Republic, we now likewise resolve this appeal in favor of Republic. The declarations page of the Republic policy effectively excluded coverage of the accident. In addition, the trial court properly ruled in Republic's favor on the remaining causes of action. Accordingly, we affirm.

FACTS

Jennifer Ponciano (Jennifer) applied for automobile insurance from Republic on April 8, 1997. Included in the application was a text box entitled, in capital letters: â€