California Court of Appeal

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Lyons v. Fire Ins. Exch., B196695

In an insurance coverage dispute where the insurer denied coverage under insured-plaintiff's homeowners policy for damages resulting from a third-party's claims based on an alleged sexual attack by former professional baseball player, summary judgment for insurer is affirmed where: 1) the policy at issue contained an "accident" limitation provision; and 2) upon interpreting the policy language in its context and viewing the instrument as a whole, the underlying incident did not qualify as an "accident" covered within the meaning of the policy.

Appellate Information

  • Decided 04/03/2008
  • Published 04/03/2008

Judges

  • BOREN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Knapp, Petersen & Clarke, Gwen Freeman, André E. Jardini, Glendale, for Plaintiff and Appellant.

  • For Appellees:
  • Tharpe & Howell, Timothy D. Lake, Sherman Oaks, Harry A. Enfijian, Los Angeles;  Greines, Martin, Stein & Richland, Robert A. Olson, Los Angeles, for Defendant and Respondent.
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