Kasiraman v. Assurance Co. of America
Appellants ( plaintiffs) brought a declaratory relief action against respondent Assurance Company of America (Assurance) seeking to establish the insurance policy limits applicable to their personal injury claims. To resolve the matter, the parties filed cross motions for summary judgment. Assurance argued that the applicable policy limits were $1 million, while plaintiffs argued that the applicable policy limits were $2 million. The trial court granted Assurance's summary judgment motion and denied plaintiffs' motion, ruling as a matter of law that the applicable policy limits were $1 million under the hired and non-owned automobile liability coverage included in the Assurance commercial general liability policy.
On appeal, plaintiffs contend that the trial court erred because the Assurance policy provisions pertaining to the policy limits for hired and non owned automobile liability coverage are ambiguous and must be construed against Assurance to provide $2 million in coverage for plaintiffs' claims. For reasons that court explain, court disagree and therefore court affirm the judgment.
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