North Atlantic Casualty & Surety Insurance v. William D.

ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFF NUNC PRO TUNC July 26, 1990.

This matter came before this Court on Plaintiff’s Motion for Summary Judgment. Good cause having been shown, the motion is GRANTED.

BACKGROUND:

Defendants William D. (“Dr. D.”) and William F.D., Inc. (“D., Inc.”) are a dentist and a dentist office which obtained a professional liability insurance policy with plaintiff North Atlantic Casualty and Surety Insurance Co. (“NACS”). The pertinent terms of the policy are as follows (emphasis added):

Defendants admit that Dr. D. installed a two-way mirror in a restroom in the dental office in December, 1987. Exhibit C, Goldberg Deck (Dr. D. Deposition at 84, lines 3-6). Several of defendants’ employees discovered the two-way mirror on October 19, 1988, and they terminated their employment with defendants about a week later. (One plaintiff-employee had stopped working in June, 1988.) The employees then reported Dr. D. to the police. The police obtained a search warrant, searched Dr. D.’s office, found the two-way mirror, and charged Dr. D. with violation of California Penal Code § 653n (misdemeanor for installing a two-way mirror in a restroom). Defendant Dr. D.…