Risely v. Interinsurance Exchange of the Automobile Club

Opinion

AARON, J.

I

INTRODUCTION

The trial court granted an insurer’s motion for summary judgment on the ground that, as a matter of law, the insurer’s refusal to defend and indemnify its insured against an injured party’s claim of false imprisonment had not caused the insured to suffer any damages. The trial court concluded that the insurer’s refusal to defend the claim under a homeowners policy was “of no consequence” to the insured because the insurer provided the insured a defense pursuant to a separate automobile policy.

We conclude that the mere fact that the insurer provided its insured…