State Farm Fire & Cas. Co. v. Superior Court

Real Party Victor Lawrence Pahl allegedly shot his wife and her attorney when they tried to inventory his pawnshop in connection with a marriage dissolution proceeding. State Farm insured Pahl under a homeowner’s policy. His wife and her attorney each brought civil actions against Pahl for damages resulting from the shootings, and State Farm undertook Pahl’s defense in each of those actions. Pahl is also being prosecuted for attempted murder and assault with a deadly weapon. In the underlying declaratory relief action, Pahl sought a judicial declaration that State Farm is obligated under his homeowner’s policy to undertake his defense in the criminal action.

The homeowner’s policy in question contained the following language:

State Farm demurred, alleging the complaint failed to state a cause of action since the rights and duties described did not fall within any basic insuring agreement between real party and petitioner. The trial court overruled the demurrer and State Farm petitioned this court for a writ of mandate to compel the trial court to sustain the demurrer. We conclude the demurrer should have been sustained.

Ordinarily when a plaintiff pleads a contract and…