Lowell v. Maryland Casualty Co.

This action by an insured against his insurer for breach of its duty to defend a suit against the insured for assault and battery under a comprehensive personal liability policy involves the same problem which we have analyzed in our opinion in Gray v. Zurich Ins. Co., ante, p. 263 [54 Cal.Rptr. 105, 419 P.2d 168] L.A. 28897. We believe that here, as in Gray, the insurer bore the obligation to defend the third party suit.

Plaintiff entered into a “Comprehensive Liability Policy’’ with defendant to insure the buildings and automobiles which he owned in three major cities. The insurer, according…