SHAOLAIN

Shaolian v. Safeco Insurance Company

Good Law
1999 Cal. App. LEXIS 316·71 Cal. App. 4th 268·83 Cal. Rptr. 2d 702·99 Daily Journal DAR 3413·99 Cal. Daily Op. Serv. 2631
Court of Appeal of CaliforniaApril 9, 1999B118385California3,196 words

Opinion

Opinion

Perez, J.

Plaintiff Mehdi Sina-Khadiv and plaintiffs Mansour Shaolian and Rahel Shaolian, both in their individual capacities and as successors in interest to Ramtin Shaolian, appeal from the order sustaining without leave to amend the demurrers of defendant Safeco Insurance Company and the concomitant order dismissing the first amended complaint as to Safeco. For the reasons set forth below, we affirm.

Facts and Procedural History

On the night of June 9, 1995, while walking in the parking lot of a West ' Hills shopping mall, Ramtin Shaolian (Ramtin) was killed and plaintiff and appellant Mehdi Sina-Khadiv (Sina-Khadiv) was injured by gunfire coming from a passing car. Several persons were inside that car, including defendant Jennifer Akbar. A complaint was eventually filed against those involved m the shooting by Sina-Khadiv and by Ramtin’s parents, plaintiffs and appellants Mansour and Rahel Shaolian (the Shaolians).

Appellants later determined that Jennifer Akbar’s parents, Jim and Peggy Akbar (the Akbars), were covered under a homeowners insurance policy provided by defendant and respondent Safeco Insurance Company (Safeco). At issue here is a medical coverage provision…

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