MAJORINO

A SLAPP suit (strategic lawsuit against public policy) is a lawsuit brought for the primary purpose of chilling a party’s constitutional right of petition or free speech. Here we conclude that an insurance company’s declaratory relief action to resolve coverage issues does not qualify as a SLAPP suit.

Background

Appellants Kevin Majorino and Kelly O’Brien filed suit against several individuals after they were allegedly assaulted during a party held at the home of Christopher and Daniel Catalano. (Majorino v. Catalano (Super. Ct. Ventura County, 2001, No. SC028950).) The Catalanos were among the named defendants in that action and were insureds under a homeowners policy issued by respondent State Farm General Insurance Company (State Farm). State Farm accepted the Catalanos’ tender of defense, subject to a reservation of rights.

State Farm then filed this action for declaratory relief against the Catalanos and appellants, seeking a judicial determination of its duty to indemnify the Catalanos under the policy. The complaint alleged that there was no coverage for appellants’ third party liability claims because those claims were based on the “willful and malicious” acts…