California Court of Appeal
SAN DIEGO HOUSING COMM'N v. INDUS. INDEM. CO., D035239
An insurance company's duty to defend was owed solely to the insured, and in the absence of an assignment of a failure to defend claim, a judgment creditor is not be able to recover defense costs and interest on a judgment therein under the insurance policy by way of a third party beneficiary theory.
Appellate Information
- Decided 01/28/2002
- Published 01/28/2002
Judges
- HUFFMAN, J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Edwards, Sooy & Byron; Grace, Brandon & Hollis, and Thomas W. Byron, San Diego, for Defendant and Appellant., Detisch & Christensen, Charles B. Christensen and Sean D. Schwerdtfeger, for Plaintiffs and Respondents.