United States Fidelity & Guaranty Co. v. American Employer's Insurance

Opinion

CARR, J.

We are here presented with a familiar script. In American Employer’s Ins. Co. v. Smith (1980) 105 Cal.App.3d 94 [163 Cal.Rptr. 649], we determined the trial court prejudicially erred in granting a nonsuit on a negligence cause of action on the basis the evidence showed the tortious conduct of Michael Smith, the only defendant not dismissed from that action, in setting a certain fire which caused damage was intentional. Upon reversal and remand, the trial court entered judgment against Michael Smith in the sum of $233,620.73 which represented the sums paid for fire damage to…