Ulta Salon, Cosmetics & Fragrance, Inc. v. Travelers Property Casualty Co. of America

Good Law
127 Cal. Rptr. 3d 444·197 Cal. App. 4th 424·2011 Cal. App. LEXIS 910·41 Envtl. L. Rep. (Envtl. Law Inst.) 20227
Court of Appeal of CaliforniaJune 10, 2011No. B224584California3,194 words

Opinion

Lead Opinion

Klein, J.

Plaintiff and appellant Ulta Salon, Cosmetics & Fragrance, Inc. (Ulta), appeals an order of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and respondent Travelers Property Casualty Company of America (Travelers) to Ulta’s first amended complaint.

The essential issue presented in this insurance coverage action is whether the trial court properly held Travelers had no duty to defend or indemnify Ulta, its insured, in an underlying action against Ulta alleging violations of Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act of 1986. (Health & Saf. Code, § 25249.5 et seq.) 2 ,

*427 We conclude Travelers did not owe Ulta a defense because neither the pleadings nor the extrinsic evidence in the underlying action revealed a possibility the Proposition 65 claim being asserted against Ulta might be covered by the Travelers policy. Therefore, the order of dismissal is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

1. The policy.

On or about April 17, 2006, Travelers issued a $10 million commercial ceneral liability policy to Ulta, a nail products manufacturer, affording Ulta coverage from March 15,…

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