STELLAR

Stellar v. State Farm General Insurance

Good Law
157 Cal. App. 4th 1498·2007 Cal. App. LEXIS 2053·69 Cal. Rptr. 3d 350
Court of Appeal of CaliforniaNovember 27, 2007B195728California2,897 words

Opinion

Opinion

Todd, J.

Plaintiffs and appellants Richard and Miles Stellar appeal from a grant of summary judgment entered in favor of defendant and respondent State Farm General Insurance Company (State Farm). The trial court ruled that no triable issue of fact existed and that State Farm was entitled to judgment as a matter of law. We affirm. The undisputed evidence established that State Farm owed no duty to defend appellants in a defamation action brought against them.

FACTUAL AND PROCEDURAL BACKGROUND

State Farm issued a homeowners insurance policy (policy) to Richard and Nuala Stellar as named insureds, effective from June 2004 to June 2005. Relevant here, section II of the policy provided: “If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence, we will: [ft 1. pay up to our limit of liability for the damages for which the insured is legally liable; and [ft 2. provide a defense at our expense by counsel of our choice. We may make any investigation and settle any claim or suit that we decide is appropriate. Our obligation to defend any claim or suit ends when the amount we…

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