Diamond Blue Enterprises v. Gemini Ins. Co. CA2/8

DISCUSSION

1. Standards of Review and Legal Principles “„[I]nterpretation of an insurance policy is a question of law. [Citation.] The rules governing policy interpretation require us to look first to the language of the contract in order to ascertain its plain meaning or the meaning a layperson would ordinarily attach to it.‟ [Citation.] „The fundamental rules of contract interpretation are based on the premise that the interpretation of a contract must give effect to the “mutual intention” of the parties. “Under statutory rules of contract interpretation, the mutual intention of the parties at the time the contract is formed governs interpretation. [Citation.] Such intent is to be inferred, if possible, solely from the written provisions of the contract. [Citation.] The „clear and explicit‟ meaning of these provisions, interpreted in their „ordinary and popular sense,‟ unless „used by the parties in a technical sense or a special meaning is given to them by usage‟ [citation], controls judicial interpretation. [Citation.]” [Citations.]‟” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1409.)

3 The present case involves the interpretation of an arbitration…