Legal Opinion

Aloha Pacific, Inc. v. California Insurance Guarantee Ass'n

California Court of Appeal

Decided March 28, 2000No. B130555PublishedCited by 25 opinions

1Opinion of the Court

Opinion

DAU, J. *

In this case we consider whether California Insurance Guarantee Association (CIGA) is barred from contesting whether a claim is “within the coverage of an insurance policy of [an] insolvent insurer,” as used in Insurance Code section 1063.1, subdivision (c)(1), where a third party claimant has obtained a judgment declaring that the insurer (now insolvent) had no basis to deny coverage for the claim. Interpreting the statute so as to leave no part of it useless or deprived of meaning, we hold that the statute permits CIGA to contest whether the claim is within policy coverage,…

2Cases cited24 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  3. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  4. Norgart v. Upjohn Co.California Supreme Court · 1999
  5. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959

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

3Cited by25 opinions

  1. Mirpad, LLC v. California Insurance Guarantee Ass'nCalifornia Court of Appeal · 2005
  2. Berger v. California Insurance Guarantee Ass'nCalifornia Court of Appeal · 2005
  3. Peerless Lighting Corp. v. American Motorists Ins.California Court of Appeal · 2000
  4. Traveler's Prop. Cas. Co. of Am. v. Actavis, Inc., California Court of Appeal, 5th District2017
  5. El-Com Hardware, Inc. v. Fireman's Fund InsuranceCalifornia Court of Appeal · 2001

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

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