Rooney v. Eagle Star Ins. Co.
Appellants, Patrick Rooney et al. (Rooney), appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, Eagle Star Insurance Company's (Eagle Star) demurrer to the second amended complaint for breach of contract, insurance bad faith, and declaratory relief. The trial court ruled that the action was barred because Eagle Star's excess insurance policy excluded coverage for inverse condemnation liability. It further ruled that any claim for insurance indemnifiction was premature because the insured, County of Ventura (County), has not yet suffered an ascertainable damage. County was dismissed on the ground that the order sustaining Eagle Star's demurrer mooted the action for declaratory relief. Court affirm.
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