Morales

Morales v. Cooperative of American Physicians, Inc., Mutual Protection Trust

Good Law
180 F.3d 1060·99 Daily Journal DAR 5921·1999 WL 382663·1999 U.S. App. LEXIS 12098·99 Cal. Daily Op. Serv. 4653
United States Court of Appeals for the Ninth CircuitJune 14, 1999No. 97-56217California2,134 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether the California litigation privilege bars a suit for intentional and negligent misrepresentation based upon a response to an interrogatory in a state court medical malpractice action.

I

On December 14, 1994, Salvador Morales underwent surgery, as a result of which he was rendered totally and permanently blind in his left eye. Morales brought suit in Los Angeles County Superior Court for medical malpractice against Dr. Spence, and his employer, Verdugo Hills Anesthesiology Medical Group, Inc. (“VHA”), and various other defendants. Dr. Spence was insured in his individual capacity by The Doctors’ Company and VHA was insured by Cooperative of American Physicians, Inc., Mutual Protection Trust (“CAP-MPT”). CAP-MPT retained the law firm of Schmid, Noreck & Voiles (“Schmid”) to defend VHA in the state court proceedings.

During the litigation, Morales propounded interrogatories to Dr. Spence and VHA. Interrogatory 4.1(a) through (g) dealt with insurance coverage. Specifically, the interrogatory inquired about the “kind of coverage,” “limits of coverage,” and “whether any reservation of rights or controversy or coverage dispute exists.” Dr. Spence responded that…

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