Legal Opinion · Dissent

Windsor Food Quality Co. v. The Underwriters of Lloyds of London CA4/2

California Court of Appeal

Decided February 6, 2015No. E058324Unpublished

1Dissent

KING, J.,

Dissenting. — As the moving party, the defendant has the burden of demonstrating there is no potential for coverage under the terms of its policy. (See Powerine Oil Co., Inc. v. Superior Court (2005) 37 Cal.4th 377, 390 [33 Cal.Rptr.3d 562, 118 P.3d 589] [defendant and moving party/nonparticipating insurer failed to meet its burden of showing that no potential for indemnity existed under terms of its policy on motion for summary adjudication]; see also Standard Fire Ins. Co. v. Spectrum Community Assn. (2006) 141 Cal.App.4th 1117, 1124 [46 Cal.Rptr.3d 804] [plaintiff and moving party…

2Cases cited10 opinions

  1. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  2. Powerine Oil Co., Inc. v. Superior CourtCalifornia Supreme Court · 2005
  3. Aydin Corp. v. First State InsuranceCalifornia Supreme Court · 1998
  4. American Alternative Insurance v. Superior CourtCalifornia Court of Appeal · 2006
  5. Standard Fire Ins. v. Spectrum Community Ass'nCalifornia Court of Appeal · 2006

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