Turner

Turner v. State Farm Fire & Casualty Co.

Good Law
112 Cal. Rptr. 2d 277·2001 Cal. App. LEXIS 768·2001 Daily Journal DAR 10487·92 Cal. App. 4th 681·2001 Cal. Daily Op. Serv. 8529
Court of Appeal of CaliforniaSeptember 27, 2001G026162California3,173 words

Opinion

Opinion

Moore, J.

The trial judge dismissed this action after sustaining a demurrer to the first amended complaint without leave to amend. William and Leslie Turner (the Turners) appeal from the judgment, contending the trial court erred in determining a third party libel and slander action did not trigger a potential for coverage or a duty to defend under a rental dwelling insurance policy. We disagree and affirm.

I

Facts

The Turners, who are husband and wife, obtained a rental dwelling insurance policy from State Farm Fire and Casualty Company (State Farm) for a piece of property they own, located in Villa Park, California. The Turners reside elsewhere. After they were sued for defamation and State Farm refused to defend or indemnify, the Turners in turn brought suit against State Farm under the rental dwelling policy for failure to defend, breach of the duty of good faith and fair dealing, and negligence.

The first amended complaint alleged a duty of State Farm to defend against the defamation suit based on a series of supposedly connected events that would make even Mrs. Palsgraf recoil. The Turners, while at home and not at the rental property, had a “verbal dispute” with each…

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