Roman

— Plaintiffs/appellants Antonia Leon Roman; Andres Leon, by and through his guardian ad litem Antonia Leon Roman; Maria del Rosario Leon, by and through her guardian ad litem Antonia Leon Roman; et al. (collectively as appellants) appeal from the judgment entered against them upon the granting of the motion for summary judgment of defendants/ respondents Unigard Insurance Group, Unigard Insurance Company (Unigard).

Because we conclude that the court erred when it found appellants’ complaint was barred, as a matter of law, by the holding of Smith v. State Farm Mut. Auto Ins. Co. (1992) 5 Cal.App.4th 1104 [ 7 Cal.Rptr.2d 131 ], we reverse.

Factual and Procedural Background

Underlying Wrongful Death Action

In January of 1986, four members of the appellants’ extended family (the Roman family) were killed, and numerous others suffered bum injuries in an arson fire in an apartment building on Flower Street in Los Angeles. Appellants, who are the 10 surviving members of the Roman family, brought suit for wrongful death against the owners of the building, the Kurtzmans; and the manager of the property, Ronald T. Hasson and the management company, Hasson & Associates…