Feldman

Feldman v. Illinois Union Insurance

Good Law
130 Cal. Rptr. 3d 770·198 Cal. App. 4th 1495·2011 Cal. App. LEXIS 1161
Court of Appeal of CaliforniaSeptember 6, 2011No. H035316California3,535 words

Opinion

Lead Opinion

Elia, J.

In this appeal plaintiff David Feldman seeks review of a summary judgment entered in favor of Illinois Union Insurance Company, which had declined to defend or indemnify Feldman or his company, ZF Micro Solutions, against a cross-action by a third party. Feldman contends that the superior court erroneously found no potential for coverage under the liability policy issued to him and ZF Micro Solutions and therefore no duty to defend or indemnify the insureds. We agree with the superior court that the claims made by the third party during the policy period were excluded from coverage. Accordingly, we must affirm the judgment.

Background

Appellant David Feldman is the president and chief executive officer of ZF Micro Solutions, Inc. (referred to by the parties as “ZF Solutions”). ZF Solutions is the successor company to ZF Micro Devices, Inc. (ZF Devices), replacing the latter as of March 1, 2002. As it represents itself, ZF Solutions designs, markets, and sells semiconductor devices “into the embedded microprocessor market.”

1. The Underlying Litigation

On April 25, 2002, ZF Solutions sued National Semiconductor Corporation (NSC) for failing to produce devices for ZF…

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