Butler v. Clarendon America Insurance

MEMORANDUM *

Matt Butler, operator of San Rafael Yacht Harbor (“SRYH”), appeals the district court’s grant of summary judgment in favor of Clarendon America Insurance Company (“Clarendon”). The district court held that the insurance policy between Butler and Clarendon (the “Policy”) did not provide potential coverage for injuries allegedly suffered by Lloyd Victor Ramirez as a result of Butler’s intentional acts taken against Ramirez’s interests. We see no reason to disturb the district court’s thorough and well-reasoned analysis.

As the district court concluded, Butler presents no factual scenario under which any Policy provision would potentially provide coverage:

(a)

Commercial General Liability Section I, Coverage A (“CGL I-A”) only provides for potential coverage when bodily injury or property damage results from an “accident.” Although the term “accident” is not defined in the Policy, California courts have consistently defined it to require unintentional acts or conduct. See, e.g., Ray v. Valley Forge Ins. Co., 77 Cal.App.4th 1039 , 92 Cal.Rptr.2d 473, 477 (1999) (citing Collin v. American Empire Ins. Co., 21 Cal.App.4th 787 , 26 Cal.Rptr.2d 391 (1994); Shell Oil Co. v.…