Mercury Casualty v. Noll CA6

Filed 9/26/13 Mercury Casualty v. Noll CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

MERCURY CASUALTY COMPANY, H036307

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CV145525)

v.

ANDREW THOMAS NOLL,

Defendant and Appellant.

Andrew Thomas Noll appeals a judgment of the trial court wherein it found Respondent Mercury Casualty Company’s (Mercury’s) insurance policy did not cover personal injuries that occurred during a bar fight between Mr. Noll and Kyle Cancimilla. On appeal, Mr. Noll asserts the trial court erred in limiting coverage under Mercury’s insurance policy, and that damages caused by Mr. Cancimilla during the fight with Mr. Noll should be covered.

STATEMENT OF THE FACTS AND CASE

On December 7, 2006, Mr.…