Collin

I.

Introduction and Contentions

American Empire Insurance Company (American) appeals from a judgment entered against it in an action on a general liability policy. Plaintiffs Wilfred and Marie Collin (Collins) sued American to collect a $200,000 default judgment against American’s insured, a contractor known as Southwest Design. The judgment was for conversion and damage to real property caused by Southwest Design while remodeling the Collins’ home.

After a trial on stipulated facts, the Honorable David P. Yaffe of the Los Angeles Superior Court entered judgment against American for $100,000, half the amount requested by the Collins. The trial court held that the damage to the Collins’ house was not covered by the American policy because Southwest Design’s remodeling of the Collins’ house was not an “accident” as required by the policy. The court held that Southwest Design’s conversion of the Collins’ personal property, however, was an “accident” covered by the policy.

American raises the following contentions on appeal:

On their cross-appeal, the Collins make the following contentions:

II.

Statement of Facts

Procedural Background

The Collins commenced this…

I concur with the judgment, but not necessarily the full rationale, of the majority’s affirmance of the trial court on the cross-appeal. I respectfully dissent, however, as to the majority’s reversal of the trial court’s judgment in favor of the Collins on the “conversion” cause of action.

This will be a brief dissent because the majority and I agree on much of the law. I do not read the majority opinion to hold a “conversion” cause of action can never be an “accident” for purposes of insurance coverage. Rather, I understand the majority decision to be based on a fact-specific determination—that the Collins are bound by the terms of the default judgment they obtained and this judgment specifically included the element this particular conversion involved an intent to damage, destroy and deprive the Collins of their property.

True, there is some language in the majority opinion which some might read to suggest a “conversion” is never an “accident” and, therefore, never covered under a typical accident insurance policy. However, I have too high a regard for my colleagues to believe they could accept such an absurd *822 notion. The tort of “conversion” is one of those which embraces…

WOODS (Fred), J. —

American Empire Insurance Company (American) appeals from a judgment entered against it in an action on a general liability policy. Plaintiffs Wilfred and Marie Collin (Collins) sued American to collect a $200,000 default judgment against American's insured, a contractor known as Southwest Design. The judgment was for conversion and damage to real property caused by Southwest Design while remodeling the Collins' home.

After a trial on stipulated facts, the Honorable David P. Yaffe of the Los Angeles Superior Court entered judgment against American for $100,000, half the amount requested by the Collins. The trial court held that the damage to the Collins' house was not covered by the American policy because Southwest Design's remodeling of the Collins' house was not an "accident" as required by the policy. The court held that Southwest Design's conversion of the Collins' personal property, however, was an "accident" covered by the policy.

American raises the following contentions on appeal:

1. The judgment was predicated upon "willful" misconduct and not an accident thereby constituting an event not covered by the policy;

2. No evidence was adduced…