Stephenson

Jimmy Guardado recovered a judgment against Enniss Enterprises (Enniss) for injuries he suffered while working at Enniss’s place of business. Plaintiff Fred Stephenson, the trustee of Commercial Conservancy No. 1, is now doing business as Enniss (hereinafter collectively referred to as plaintiff). Plaintiff sued its general liability insurer, two insurance brokerages, an insurance agent, plus defendant Argonaut Insurance Company, its workers’ compensation carrier. The fifth, sixth, and seventh causes of action of the third amended complaint sought recovery for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against defendant for its failure to provide plaintiff with a defense and indemnification in the Guardado action. The trial court dismissed the action as to defendant after sustaining its demurrer to the complaint without leave to amend.

Plaintiff appeals this judgment. Since defendant’s policy is not ambiguous and no potential for coverage of Guardado’s civil action existed under it, we affirm the trial court’s judgment.

FACTS

This appeal is taken from a dismissal entered after a demurrer was sustained to the third…