Hays

In an action (No. 32659) for personal injuries suffered, the Superior Court of Shasta County rendered judgment in the sum of $35,000 together with costs in the sum of $150.48 in favor of plaintiff Connie Hayes and against Jack Liles, individually, and doing business as the Over head Door Company of Chico. Thereafter plaintiff brought the present action (No. 36444) against defendant Pacific Indemnity Group predicated upon a contractor’s comprehensive liability policy of insurance issued by defendant to Liles who, pursuant to a contract with plaintiff, installed a garage door on plaintiff’s premises which, when plaintiff attempted to use the door for the first time, fell upon him. Judgment was rendered in favor of plaintiff and against the defendant insurer.

Defendant insurer declined to undertake the defense of Liles in the first action on the ground the policy afforded no coverage for the incident in question and thus it had no duty to defend.

Prior to the trial of action No. 32659 Liles entered into an agreement with plaintiff Connie Hays pursuant to which Liles agreed to assign to plaintiff any rights which he (Liles) might have against the defendant insurer.…