Delgado

Delgado v. Interinsurance Exchange of the Automobile Club of Southern California

Caution
2009 Cal. LEXIS 7803·47 Cal. 4th 302·97 Cal. Rptr. 3d 298·211 P.3d 1083
Supreme Court of CaliforniaAugust 3, 2009No. S155129California5,348 words

Opinion

Lead Opinion

Kennard, J.

This case involves an insurance policy that covers injury resulting from “an accident.” After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policy’s coverage of “an accident.” Does the insurance company have a duty to defend that action? The answer is “no.” We therefore reverse the judgment of the Court of Appeal, which had reversed the trial court.

*306 I

Interinsurance Exchange of the Automobile Club of Southern California (ACSC) issued to Craig Reid a homeowners insurance policy providing liability coverage for up to $100,000. On November 7, 2003, while the policy was in effect, insured Reid hit and kicked 17-year-old Jonathan Delgado.

In March 2004, Delgado sued Reid. The complaint alleged two causes of action. The first alleged an intentional tort in that Reid “in an unprovoked fashion and without any justification physically struck, battered and kicked” Delgado. The second cause of action alleged that Reid “negligently and unreasonably believed” he was engaging in self-defense “and…

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.