Emerson v. Farmers Group CA2/3
Betty Louza brought a cross-complaint for assault against Danny Emerson alleging that after she rear-ended him, Emerson got out of his car and approached her with what appeared to be a gun, putting her in fear for her safety. Emerson tendered Louza’s cross-complaint to his automobile and homeowner’s insurers, Farmers Group, Inc., Farmers Insurance Exchange, and Mid Century Insurance Company (together defendants). Defendants declined to provide Emerson a defense and so he brought the instant action alleging breach of the insuring agreements and bad faith.
The trial court granted defendants’ summary judgment motion and Emerson appeals. We conclude there is no dispute of material fact with the result that, as a matter of law, there was no potential for coverage for Emerson’s assault on Louza. Accordingly, we affirm the judgment.
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