Legal Opinion

Fireman's Fund Insurance v. Superior Court

California Court of Appeal

Decided October 14, 1998No. B113595PublishedCited by 26 opinions

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

In Foster-Gardner, Inc. v. National Union Fire Ins. Co. (Cal.App.), Division Two of our court held that an insurer’s duty to defend any “suit” includes a duty to defend an administrative “claim.” In the case now before us, we reach the opposite conclusion.

Background

From 1971 to 1985, Vickers Incorporated was insured by Fireman’s Fund Insurance Company under four comprehensive general liability (CGL) insurance policies, all of which included the following language: “The Company will pay on behalf of the insured all sums which the insured shall become legally…

2Cases cited25 opinions

  1. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  2. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  3. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  4. Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
  5. Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990

20 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Foster-Gardner, Inc. v. National Union Fire InsuranceCalifornia Supreme Court · 1998
  2. United National Insurance v. Spectrum Worldwide, Inc.Court of Appeals for the Ninth Circuit · 2009
  3. Powerine Oil Co., Inc. v. Superior CourtCalifornia Supreme Court · 2005
  4. Rosen v. State Farm General InsuranceCalifornia Supreme Court · 2003
  5. Atlantic Mutual Insurance v. J. Lamb, Inc.California Court of Appeal · 2002

21 more not listed; retrieve them via the Exa API.

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