Zelda, Inc. v. Northland Insurance
Opinion
Opinion
Baron, J.
The trial court granted summary judgment on appellants’ complaint for breach of insurance contract and bad faith against respondent Northland Insurance Company (hereafter Northland). We affirm.
Facts
The following facts are not in dispute: Appellant Zelda, Inc. (hereafter Zelda), operates a restaurant known as the Lodge in North Hollywood. During the pertinent period, appellants Glenn D. Taylor and Stuart A. Zinn were Zelda’s officers and directors, and each owned one-half of Zelda’s capital stock.
On June 4, 1990, respondent Northland issued a one-year commercial insurance policy to Zelda. The policy provided coverage for, inter alia, bodily injury and personal injury liability, and contained an exclusion concerning bodily injury arising from assault or battery. This policy was subsequently renewed and was effective through June 4, 1992.
On January 5,1992, police officers filed a report about an alleged incident at the Lodge on that date. The report states that when Dino Pascale announced last call at 1:45 a.m., Felix Trujillo refused to give up his drink and attempted to punch Pascale, who then defended himself by punching Trujillo.