Quan

Quan v. Truck Insurance Exchange

Good Law
1998 Cal. App. LEXIS 901·67 Cal. App. 4th 583·79 Cal. Rptr. 2d 134·98 Daily Journal DAR 11227·98 Cal. Daily Op. Serv. 8098
Court of Appeal of CaliforniaOctober 29, 1998B110711California7,524 words

Opinion

Opinion

Zebrowski, J.

The trial court in this case sustained, without leave to amend, a demurrer by defendant and respondent Truck Insurance Exchange (insurer) to a second amended complaint (SAC) for declaratory relief, breach of insurance contract, and breach of the implied covenant of good faith and fair dealing brought by plaintiffs and appellants James W. Quan and Lucita L. Quan (insureds.)

Because the SAC reveals no potential that the insurer could be liable to indemnify its insureds for any of the claims presented in the underlying action, we affirm. In the published portion of this opinion, we explain that the underlying action did not raise any potential for coverage under the insurance policy’s “bodily injury” coverage. In the unpublished portion, we explain that we need not consider the potential for coverage under the insurance policy’s “personal injury” coverage in view of the procedural posture of this case, that (in view of the lack of any potential for either “bodily injury” or “personal injury” coverage) we need not determine the application of the “wilful act” exclusion created by Insurance Code section 533, and that unpled claims against Lucita Quan do not create a potential…

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