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Delgado v. Interinsurance Exchange of the Automobile Club of Southern California, No. S155129

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By FindLaw Staff on August 04, 2009 12:43 PM

In a dispute involving insurance liability coverage, court of appeals judgment is reversed where defendant had no duty to defend its insured party in the lawsuit brought against him by defendant as an insured party's unreasonable belief in the need for self-defense does not turn the resulting purposeful and intentional act of assault and battery into an "accident" within the policy's coverage clause.   

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Appellate Information
Appeal from Los Angeles County Super. Ct. No. VC045588.
Filed August 3, 2009

Judges
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by KENNARD, J.

Counsel
For Plaintiff: Glaser & Damone, Glaser, Damone & Schroeder and Robert P. Damone.

For Defendant: Reed Smith, Margaret Grignon, Judith E. Posner; Ford, Walker, Haggerty & Behar, Timothy L. Walker, Donna Rogers Kirby, Maxine J. Lebowitz and K. Michele Williams.

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