Kerns

Darlene Kerns appeals from summary judgment entered in favor of respondent CSE Insurance Group upon the latter’s motion pursuant to Code of Civil Procedure section 437c and the denial of her cross-motion for summary judgment. Appellant, the assignee of respondent’s insureds, had filed suit to enforce respondent’s alleged duty to defend its insureds in a previously settled personal injury lawsuit. At issue on this appeal are the following contentions: (a) the trial court acted in excess of its jurisdiction by entertaining and ruling on respondent’s motion for summary judgment when a different judge had previously denied the identical motion and the renewed motion was in violation of the controlling procedural requirements set forth in section 1008; (b) the trial court erred in determining as a matter of law that there was no potential for coverage under respondent’s policy and thus no duty to defend the insureds, appellant’s assignors; and (c) the undisputed facts demonstrate that appellant herself was entitled to summary judgment on the issue of respondent’s duty to defend.

On the procedural and factual record presented, we conclude that the trial court exceeded its…