Uhrich

Uhrich v. State Farm Fire & Casualty Co.

Good Law

109 Cal. App. 4th 598·135 Cal. Rptr. 2d 131·2003 Cal. App. LEXIS 840·2003 Daily Journal DAR 6225·2003 Cal. Daily Op. Serv. 4944

Court of Appeal of CaliforniaJune 9, 2003No. C036415California7,962 words

Opinion

lead Opinion

Morrison, J.

Plaintiff Jean Marie Uhrich sued Paul Alan Lindseth on a number of legal theories. Lindseth tendered defense of the suit to his two *604 insurance companies: American Home Assurance Company (American), which declined to provide a defense, and State Farm Fire & Casualty Company (State Farm, defendant herein), which provided a defense, but then withdrew under a reservation of rights.

Uhrich and Lindseth settled the underlying case, and Lindseth assigned his bad faith claims to Uhrich. After a monetary judgment was entered in the underlying suit, Uhrich sued the insurers seeking payment of policy limits toward the judgment, and bad faith damages for wrongful refusal of a defense for Lindseth. The trial court granted State Farm’s summary judgment motion and Uhrich filed this appeal from the ensuing judgment. Uhrich obtained a judgment against American, which is now pending on appeal in a separate action. (Uhrich v. American Home Assurance Co. (C037332, app. pending).)

In this appeal, Uhrich contends State Farm had a duty to defend Lindseth because there was a possibility of coverage for some of her claims against him. We disagree and shall affirm the judgment.

I.…

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Parties

JEAN MARIE UHRICH, and
Plaintiff
STATE FARM FIRE & CASUALTY COMPANY, and
Defendant

Judges

Morrison

Cites (57)

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