Low

Low v. Golden Eagle Insurance Company

Good Law
120 Cal. Rptr. 2d 827·2002 Cal. App. LEXIS 4220·2002 Daily Journal DAR 6471·99 Cal. App. 4th 109·2002 Cal. Daily Op. Serv. 5150
Court of Appeal of CaliforniaJune 10, 2002A091934California377 words

Opinion

Opinion

Sepulveda, J.

Metabolite International, Inc. (claimant), as an insured, appeals from a superior court ruling denying its application for an order to show cause why defendant Golden Eagle Insurance Company (Golden Eagle), claimant’s insurer in conservation, should not be required to honor its request to provide a defense in a third party lawsuit for damages filed against it by a consumer of one of its products. We affirm.

Facts

Claimant manufactures and sells appetite suppressants and other diet products. Beginning in August 1996, Golden Eagle issued claimant a commercial general liability policy of insurance. In August 1999, one Yolanda Perez filed a complaint in the San Diego County Superior Court, denominated “Class Action Complaint for Damages and Injunctive Relief,” against claimant. (Perez v. Metabolife International, Inc. (Super. Ct. San Diego County, No. GIC 733138) (Perez).) Claimant tendered the defense of the Perez litigation to Golden Eagle, asserting the insurer was under a duty to provide a defense for its insured in that litigation under the terms of the general liability policy. The Commissioner of Insurance, as Golden Eagle’s conservator in the liquidation…

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