California Court of Appeal

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.