CRW Obtains Court of Appeal Opinion Affirming Judgment in Favor of Property Insurer

Posted by on Aug 17, 2016 in news, news_older | 0 comments

Howard Wollitz secured an opinion from the California Court of Appeal, Second District, Division 5, filed December 5, 2012, affirming a judgment in favor of Gemini Insurance Company, as property insurer for a landlord, against the insurer for the tenant holding that liability for fire damage to the leased property could not be avoided by assertion of the insured v. insured exclusion in the tenant’s policy. The tenant’s insurer argued that the landlord’s status as Additional Insured under the tenant’s policy triggered the exclusion to bar coverage for a judgment in favor of Gemini in a subrogation action against the tenant. After oral argument by Mr. Wollitz, the Court of Appeal issued its opinion for publication rejecting the argument of the tenant’s insurer, and holding that Gemini’s insured was an Additional Insured under the tenant’s policy only where it faced liability arising from the tenant’s acts. Here, no third party ever sought to hold the landlord liable for damages from the fire.

 

Gemini Insurance Company v. Delos Insurance Company, 211 Cal. App. 4th 719 (2012)