Legal Opinion
Downey Venture v. LMI Ins. Co.
California Court of Appeal
Decided September 1, 1998No. B106304PublishedCited by 109 opinions
1Opinion of the Court
Opinion
CROSKEY, J.
The principal question presented by this case is whether insurance liability coverage for a claim of malicious prosecution, even though expressly promised in the policy, is precluded by the provisions of Insurance Code section 533 which bars indemnity for “wilful acts” of an insured.
Plaintiffs, appellants and cross-respondents, Richard Posell (Posell), Mitchell Shapiro and Ruth Shapiro (Shapiro) and The Downey Venture, a limited partnership (Downey) (collectively, the Downey plaintiffs), seek reversal of a declaratory judgment determining that section 533 bars indemnity for…
2Cases cited81 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Gray v. Zurich Insurance Co.California Supreme Court · 1966
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Montrose Chemical Corp. v. Superior CourtCalifornia Supreme Court · 1993
- Lazar v. Superior CourtCalifornia Supreme Court · 1996
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3Cited by109 opinions
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- HMS Capital, Inc. v. Lawyers Title Co.California Court of Appeal · 2004
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