Smyth
Smyth v. USAA Property & Casualty Ins. Co.
Opinion
Opinion
STONE (S.J.), P.J.
In this insurance coverage dispute, Theodore H. Smyth (Smyth) appeals from the order of the trial court dismissing his action against respondents, USAA Property and Casualty Insurance Company and United Services Automobile Association (collectively, USAA), after the court sustained demurrers to his amended complaints without leave to amend. (See Code Civ. Proc., § 581d written, signed and filed order of dismissal is appealable; 9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 75, p. 99.)
Smyth contends that his homeowners insurer, USAA, had a duty to defend him against a suit for damages for personal injuries and deaths suffered in a massive fire in a hotel in San Juan, Puerto Rico (the Fire Suit). Smyth was named in the Fire Suit in his capacity as an outside director of the corporation which owned the hotel.
He asserts the terms of his policies are ambiguous regarding whether his service as a director of the corporation is covered, raising questions of fact which may not be resolved on demurrer.
He also contends that the statutes of limitations do not bar his causes of action for bad faith and negligent misrepresentation, and that USAA is…