Doctors'co.

1. Introduction

Upland Anesthesia Medical Group (Upland) appeals from an order of the trial court granting summary adjudication in favor of The Doctors’ Company (Doctors), its insurance company. Upland argues it was entitled to a defense in a class action in which it was sued for unfair business practices. The gist of the claims made by the class plaintiffs was that Upland withheld epidural care from indigent women because Medi-Cal would not pay for the procedure.

Doctors relies upon policy exclusion N.12, denying defense or indemnity for an intentional act “even if such activities are related to your rendering or failing to render professional services.”

We agree Upland was not entitled to an insurance defense or coverage for the class action and affirm the grant of summary adjudication and entry of judgment in favor of Doctors.

2. Factual and Procedural Background

The complaint filed by Upland against Doctors alleges three causes of action, fraud, breach of contract, and bad faith. All three causes of action are based on Doctors’s refusal to defend or indemnify Upland in the class action.

The following facts were undisputed, or not effectively disputed, for…