Jiminez

From a declaratory relief judgment, Fire Insurance Exchange (hereinafter Exchange) appeals the determination that it has a duty to defend its insured, Manuel Jiminez (hereinafter Jiminez), in a personal injury suit pending in the superior court. Jiminez has filed a cross-appeal and seeks relief from another aspect of the judgment which, notwithstanding the duty to defend, declares that Exchange is not required to indemnify him for any damages as a result of the underlying lawsuit.

On its appeal, Exchange contends: “I. An insurer has no duty to defend an insured where the exclusion of coverage is clear and the duty to defend is conditioned on coverage. II. The Ohio Casualty case [Ohio Casualty Ins. Co. v. Hubbard (1984) 162 Cal.App.3d 939 ( 208 Cal.Rptr. 806 )] relied on by the trial court is distinguishable.” These contentions are meritorious.

On his appeal, Jiminez contends: “[I.] The knocking down of a lean-to porch which had become a nuisance is not a business pursuit of the insured. [II.] The allegedly negligent injury sustained during the course of knocking down the lean-to porch, which had become a nuisance, is a direct loss from activity normally considered…