California Court of Appeal

Trial court's grant of summary judgment in favor of the defendant-insurance company is reversed and remanded where: 1) any claims presented by the plaintiff-corporation that employed the nurse were covered claims despite the fact that the corporation changed its name to a name not listed in the insurance policy; and 2) the phrase, "original claimant under the insurance policy in his or her name" includes the affiliated corporation into which the employer corporation was merged because the merger was an internal restructuring of a family of corporations, and did not expand or otherwise change the ownership or control of the operations, and because the surviving corporation continued the employer corporations' corporate activities as well as its hospital operations.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Hayes Davis Bonino Ellingson McLay & Scott, Mark G. Bonino and Phuong N. Fingerman for Plaintiff, Cross-defendant and Appellant., Guilford Steiner Sarvas & Carbonara and Alan D. Sarvas for Defendant, Cross-complainant and Respondent.