California Court of Appeal

Although defendant insurer breached its duty to defend insured for "dental incidents," it never had a duty to indemnify insured for suits arising from his sexual misconduct at his dental practice, and indemnification is barred by Insurance Code section 533. Reversed and remanded to award plaintiff damages only for the amount of reasonable attorney's fees and costs.

Appellate Information

• Decided 07/22/2003
• Published 07/22/2003

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Farmer, Murphy, Smith, & Alliston, George E. Murphy and Alan W. Foutz, Sacramento, for Plaintiffs and Appellants.


• For Appellees:
  
• Barbanel & Treuer, Alan H. Barbanel and Stephen D. Treuer, Los Angeles, for Defendant and Appellant.