S.B.C.C., Inc. v. St. Paul Fire & Marine Insurance

Opinion

ELIA, J.

In this action for insurance bad faith, plaintiff S.B.C.C., Inc., doing business as South Bay Construction Company (South Bay), alleged that its insurer, defendant St. Paul Fire & Marine Insurance Company (St. Paul), had wrongfully refused to defend South Bay in an action brought by its competitor, San Jose Construction, Inc. (SJC). The superior court found no duty to defend because an exclusion in South Bay’s liability policy eliminated any potential coverage for advertising injury, and the harm to SJC was not “personal injury” within the meaning of the policy language. The…