BVRC Partner Ravi Sudan Obtains Summary Judgment on Insurance Bad Faith Case; Then He Defends the Summary Judgment On Appeal.
Cherokee Partners, LLC, et al. v. Clarendon National Insurance Company, et. al.
Venue: California - Orange County Superior Court, Central Justice Center
Results: Motion for Summary Judgment granted, Appeal affirmed
Type of Case: Bad Faith
Party Represented: Clarendon National Insurance Company, et al.
Plaintiff developer sued its insurer and insurance agent for bad faith, negligence and other causes of action arising out of the insurer's denial of coverage to plaintiff for a construction defect lawsuit. We represented the insurer. The trial court granted summary judgment for the insurer. The court of appeal affirmed noting that the trigger of coverage under the policy is damage within the policy period, not knowledge of defects, so the allegation of knowledge of defects does not raise the possibility of coverage. The court of appeal held that although "a bare 'potential' or 'possibility' of coverage [is] the trigger of a defense duty," "it is facts that count, not the possibility they may exist." Since the policy covers only property damage that first occurs during the policy period, and that was not alleged, there is no coverage. The court of appeal further held that the condominium exclusion also establishes there is no coverage.
View Other News
Partner Michael Caspino Named Litigation Management Professional of the Year
BVRC Obtains Summary Judgment for Architect in Multi-Million Dollar Fire Loss Case
Boy Scouts of America Present "Man of Character" Award to Michael Caspino
David Olson Obtains Summary Judgment in Golf Course Trip and Fall Case
BVRC Obtains Summary Judgment in Wrongful Death Case
Partner Michael Caspino Elected to Board of Directors for Casa Teresa
BVRC Obtains Summary Judgment in Asbestos Case Against Volvo
Partner Michael Caspino Quoted in Wall Street Journal
Rob Ryder Obtains Defense Verdict in Wrongful Death Case
Las Vegas Office Wins Summary Judgment for Ritz-Carlton Hotels in Breach of Privacy Claim
Nevada Partner Chuck Simmons Victorious in Construction Defect Trial
Trial Victory in “ Lemon Law” Case Against Volvo
Defense Verdict in Injury Claimed Due to “Falling Beer Can”
Michael Caspino Scores Defense Verdict in 6 Month Soil Subsidence Case
Tim Lane Scores Trial Victory for Landlord in Fraud Claim
Defense Verdict in Case Against City of Hermosa Beach
Arbitration Success for BVRC Client Ritz-Carlton Hotels
Nevada BVRC Office Wins Defamation Trial
Trial Victory in Breach of Contract Case Involving Custom Home in Coto de Caza
Defense Verdict in Grocery Store Accident
BVRC Victorious in Defending Client in Legal Malpractice Claim
Southern California Office Obtains Defense Verdict in Six Week Soil Subsidence Trial
Trial Victory for BVRC Nevada Office
Southern California Office Scores Trial Victory for Outback Steakhouse
Defense Verdict in Slip and Fall Case at ARCO Service Station
Defense Verdict for 7UP in Traffic Accident
Lee Harpst Wins Construction Defect Trial
Arizona Office Obtains Defense Verdict at Trial; BVRC Client faced $800,000 Claim
Southern California Office Obtains Defense Verdict in Case Against Ralph’s Grocery Company
Rob Ryder and Jim Brady Take Over Case on Eve of Trial, Get $5.6 Million Verdict Reduced to $81,000
Defense Verdict in Claim by Police Officer Against City of Hermosa Beach
Summary Judgment Obtained in Civil Case Related to Las Vegas Mass Murder
Mike Caspino Obtains Defense Verdict for Marriott International in Catastrophic Injury Case