California Court of Appeal

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Safeco Ins. Co. of America v. Parks, B199364

In a bad faith action against insurance company for declining to defend personal injury claim under a homeowner policy, judgment against respondent-Safeco Insurance Company for $3,245,333.76 plus costs and attorney's fees is affirmed in part and reversed in part where: 1) respondent-Safeco was not prejudiced by late notice because it would have relied on the automobile exclusion to decline the defense under the policy; 2) respondent-Safeco was not prejudiced by the order denying summary adjudication; 3) an automobile exclusion in the policy did not preclude coverage for appellant-victim's injuries and respondent-Safeco's motion for directed verdict on this issue was correctly denied by the trial court; and 4) the trial court did not err in removing the issue of collusion from the jury's consideration.

Appellate Information

  • Decided 01/28/2009
  • Published 01/28/2009

Judges

  • YEGAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Demler, Armstrong & Rowland, Robert W. Armstrong and Scott K. Murch;  Law Offices of Raymond W. Scutts, Raymond H. Goettsch, for Safeco Insurance Company of America, Appellant.

  • For Appellees:
  • Herb Fox, Law Office of Herb Fox, Santa Barbara;  Martin E. Pulverman, Raymond J. Pulverman, and James S. Bianchi, Pulverman and Pulverman, Santa Barbara, for Jamey Lynn Parks, Respondent., Sharon J. Arkin, The Arkin Firm, Amicus Curiae, for Jamey Lynn Parks, Respondent.
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