Cropper
Calvert Fire Insurance v. Cropper
Opinion
Opinion
Breiner, J.
Plaintiff appeals from two judgments dismissing its complaint, as sanctions for its wilful failure to obey a discovery order (Code Civ. Proc., § 2034). We affirm.
Appellant insurer issued a policy of aircraft liability insurance to Hoehnle through its local agent, Cropper. During the policy period, Hoehnle’s airplane crashed, resulting in the death of Lange and a subsequent wrongful death action filed by Lange’s heirs (hereafter, Lange) against the insured.
Calvert filed the instant action seeking declaratory relief, reformation, and indemnity, contending that the coverage was limited to $100,000 per person, and in the alternative, that Cropper’s negligence requires him to indemnify plaintiff. Respondents (Cropper and Lange) contended that the coverage was $1 million per person; the wrongful death action was settled by means of a stipulated judgment against Hoehnle for $275,000, a covenant not to execute against the insured’s personal assets, and an assignment to Lange of any rights he may have against appellant.
In April 1979, defendant Cropper served appellant with interrogatories (Code Civ. Proc., § 2030) and a request for production of documents (Code Civ. Proc., §…