Yarway Corp. v. Ins. Co. of North America
Filed 6/30/06 Yarway Corp. v. Ins. Co. of North America CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| YARWAY CORPORATION, Plaintiff and Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant and Respondent. | A113916 (San Francisco County Super. Ct. No. CGC-04-435399) |
Plaintiff Yarway Corporation (Yarway) filed a notice of appeal from an order denying Yarway's motion for summary adjudication on a single cause of action. Defendant Insurance Company of North America (INA) moves to dismiss the appeal on the ground that the order is not appealable. We agree with INA, and order the purported appeal dismissed.
BACKGROUND
Yarway is a defendant in numerous personal injury actions. INA issued a number of primary and umbrella liability policies to Yarway. Yarway commenced an action against INA and a number of other insurers after Yarway had been sued in the personal injury actions.
In its second amended complaint, Yarway alleged 13 causes of action, five of which were against INA. In the first and fourth causes of action, Yarway sought declaratory relief that INA was under duties to investigate the underlying claims, defend Yarway against those claims, and indemnify Yarway for any amounts for which Yarway might be found liable. In the eleventh cause of action, Yarway sought declaratory relief that INA was still â€
