Kerns v. CSE Insurance Group

Opinion

McGUINESS, P. J.

Darlene Kerns appeals from summary judgment entered in favor of respondent CSE Insurance Group upon the latter’s motion pursuant to Code of Civil Procedure section 437c 1 and the denial of her cross-motion for summary judgment. Appellant, the assignee of respondent’s insureds, had filed suit to enforce respondent’s alleged duty to defend its insureds in a previously settled personal injury lawsuit. At issue on this appeal are the following contentions: (a) the trial court acted in excess of its jurisdiction by entertaining and ruling on respondent’s motion for summary…