Overton

Allstate Insurance Company (Allstate) appeals from a judgment declaring Allstate is obligated to provide a defense for its insured William Overton (Overton) in a personal injury action filed by David Lane (Lane). The issue posed is whether the mere fact of Overton’s conviction of misdemeanor battery arising out of the incident that is the subject of Lane’s action conclusively relieves Allstate of its duties to defend and indemnify Overton. We answer this question in the negative and affirm.

Facts and Proceedings Below

Allstate instituted an action for declaratory relief (Code Civ. Proc., § 1060) against Overton and Lane. The action sought declaration Allstate was not required either to defend or indemnify Overton in Lane’s lawsuit against him, which is still pending. The declaratory action was tried upon a stipulation of facts, which also provided for the trial court’s consideration of certain deposition testimony by Overton and Lane. This testimony has not been made a part of the record on this appeal, however. The facts before us are as follows.

On May 11, 1981, Allstate issued to Overton a homeowner’s insurance policy which included $100,000 “family liability…