Lorenz
Lorenz v. Commercial Acceptance Insurance
Opinion
Opinion
Elia, J.
Plaintiffs Gary Lorenz and Mary Ross appeal after the trial court vacated a $2,250,000 default judgment against defendant Commercial Acceptance Insurance Co. (hereafter, CAIC). (Code Civ. Proc., § 473.) Plaintiffs contend the trial court erred in vacating the default judgment. For reasons we shall explain, we conclude the trial court did not err. We will therefore affirm the judgment.
Facts and Procedural Background
Mary Ross was injured when she lost control of her vehicle while driving on a road improved for Holiday Estates Maintenance Association (hereafter, Holiday) by Gary Lorenz, doing business as Lorenz Construction and Paving Company (hereafter, Lorenz Construction). Lorenz was insured by CAIC, a nonadmitted alien insurer domiciled in Barbados.
Ross sued Lorenz for her injuries. Lorenz tendered defense of the action to CAIC, who refused to defend, claiming noncoverage.
The case went to judicial arbitration. The arbitrator found Holiday negligent, and Ross 50 percent comparatively negligent. The arbitrator absolved Lorenz from any liability, finding no negligence on Lorenz’s part. The arbitrator awarded Lorenz his costs of suit. Ross rejected the arbitration…