California Court of Appeal

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Westrec Marina Mgmt., Inc. v. Arrowood Indem. Co., B195047

In a coverage dispute arising from plaintiff-insured's failure to timely report claims as required under its insurance policies, judgment denying relief on plaintiff's complaint against its liability insurer is affirmed where: 1) a letter from a third party claimant's attorney to plaintiff-insured was a "claim" within the meaning of plaintiff's insurance policies; 2) a later action filed by the third party claimant constituted the same claim; and 3) plaintiff-insured"s failure to timely report the "claim" after receiving the letter rendered its later notice of claim untimely.

Appellate Information

  • Decided 06/16/2008
  • Published 06/16/2008

Judges

  • CROSKEY, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Nemecek & Cole, Michael McCarthy, Tommy Q. Gallardo, Sherman Oaks;  and Thomas J. Ready, Encino, for Plaintiff and Appellant.

  • For Appellees:
  • Musick, Peeler & Garrett, David A. Tartaglio and Teresa Cho, Los Angeles, for Defendant and Respondent.
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