J.R. Marketing v. Hartford Casualty

Good Law
Court of Appeal of CaliforniaJune 11, 2013A133750California6,591 words

Opinion

Opinion

Jenkins, J.

background of this coverage dispute, allowing us, in the name of judicial efficiency, to borrow extensively from our previous opinions for purposes of this appeal. With respect to more recent events, however, we abide by well-established principles requiring us, when reviewing an order on demurrer, to accept as true all factual allegations set forth in the operative complaint. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 664, fn. 2.) We thus turn to the relevant facts. In Summer 2005, Hartford issued two commercial general liability policies, the first policy to cross-defendant Noble Locks Enterprises, Inc., effective July 28, 2005 to July 28, 2006, and the second policy to cross-defendant J.R. Marketing, L.L.C., effective August 18, 2005 to August 18, 2006 (collectively, the J.R. Marketing and Noble Locks policies). Under these policies, Hartford promised to defend and indemnify claims against the named insureds for certain business-related damages subject to various exclusions of coverage. In September 2005, several individuals, including Meir Avganim, sued cross- defendants (except Wheatland Baking, Inc.) and others for intentional misrepresentation,

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