Nava

Nava v. Mercury Casualty Co.

Good Law
118 Cal. App. 4th 803·13 Cal. Rptr. 3d 816·2004 Cal. App. LEXIS 742·2004 Daily Journal DAR 5809·2004 Cal. Daily Op. Serv. 4177
Court of Appeal of CaliforniaApril 20, 2004H026223California1,172 words

Opinion

Opinion

Premo, J.

In this insurance coverage action, plaintiffs Estanislao Nava, Jr., Adrian Espitia, and Christopher Anthony Godoy appeal from a judgment that resulted after the trial court granted a motion for summary judgment in favor of defendant Mercury Casualty Company. They contend that the insurance policy in question is ambiguous and, as such, raises a triable issue whether it provides coverage. We disagree and affirm the judgment.

SCOPE OF REVIEW

“ ‘While insurance contracts have special features, they are still contracts to which the ordinary rules of contractual interpretation apply.’ [Citations.] ‘The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties.’ [Citation.] ‘Such intent is to be inferred, if possible, solely from the written provisions of the contract.’ [Citation.] ‘If contractual language is clear and explicit, it governs.’ [Citation.]” (Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857, 868 [ 77 Cal.Rptr.2d 107 , 959 P.2d 265 ].)

Ambiguity exists when an insurance policy provision “ ‘is capable of two or more constructions, both of which are reasonable.’ [Citations.] The fact that a term…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.