Oglio Entertainment Group, Inc. v. Hartford Casualty Insurance

Good Law
132 Cal. Rptr. 3d 754·200 Cal. App. 4th 573·2011 Cal. App. LEXIS 1361
Court of Appeal of CaliforniaNovember 1, 2011No. B224156California4,593 words

Opinion

Lead Opinion

Johnson, J.

The trial court sustained, without leave to amend, the demurrer of The Hartford Casualty Insurance Company (Hartford) to The Oglio Entertainment Group, Inc., and Carl Caprioglio’s (collectively, Oglio) *576 first amended complaint for breach of contract and breach of the implied covenant of good faith and fair dealing, based on Hartford’s denial of coverage. Oglio appeals the order. We affirm.

BACKGROUND

Oglio is an independent music label based in Los Angeles County. Hartford issued a “Spectrum” business insurance policy to Oglio, effective January 13, 2006, through January 13, 2007. After Hartford disclaimed coverage when Oglio was sued by one of its recording artists during the policy period, Oglio filed an action for breach of contract and other claims against Hartford, and the trial court sustained Hartford’s demurrer without leave to amend.

I. The underlying complaint by Davis against Oglio

On January 19, 2006, recording artist Mark Jonathan Davis sued Oglio in Los Angeles Superior Court. The complaint alleged that Davis was a recording artist recording and performing music under the professional name “ ‘Richard Cheese’ ... a comedy character created by [Davis]…

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