NAVIGATORS

Modern Development Co. v. Navigators Insurance

Good Law
111 Cal. App. 4th 932·4 Cal. Rptr. 3d 528
Court of Appeal of CaliforniaSeptember 18, 2003B157874California2,845 words

Opinion

Opinion

Cooper, J.

INTRODUCTION

Modem Development Company (Modem) appeals from the grant of summary judgment for respondent, Navigators Insurance Company (Navigators), in a lawsuit arising from an insurance coverage dispute. Modem contends that Navigators had a duty to defend in a lawsuit brought by a disabled man for physical and emotional damages resulting from Modem’s alleged failure to comply with the Americans with Disabilities Act and other similar California statues. The trial court agreed with Navigators’ contention there was no “occurrence” that triggered coverage under the insurance policy. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Modem is a California Limited Partnership that owns and operates the Paramount Swap Meet. The Swap Meet is an open-air marketplace operated at the site of a former drive-in movie theater. Navigators issued Modem a commercial general liability policy No. 98G110630 for the period of February 1, 1998 through February 1, 1999 (the Policy). The Swap Meet is a named insured covered under the Policy. The Policy insured Modem for up to $1 million for amounts that it was legally obligated to pay.

On or about December 7, 1998, Mr. Juan Moreno filed a…

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