California Court of Appeal

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Belz v. Clarendon Am. Ins. Co., B193314

In case where homeowner in construction defect case obtained a default judgment against the contractor then brought action against the contractor's insurer for payment on the default judgment, summary judgment for insurer is reversed as: 1) where a default judgment results from a lack of notice by the insured, the insurer is liable on the judgment unless it suffered actual, substantial prejudice; and 2) the mere inability to investigate the claim thoroughly or to present a defense in the underlying suit does not satisfy the prejudice requirement.

Appellate Information

  • Decided 12/28/2007
  • Published 12/28/2007

Judges

  • MALLANO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Krane & Smith, Encino, and Ralph C. Loeb, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of Karen-Denise Lee and Karen-Denise Lee, Torrance, for Defendant and Respondent.
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