California Court of Appeal

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.