California Court of Appeal

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Am. States Ins. Co. v. Progressive Cas. Ins. Co., C058641

In plaintiff's action against defendant-insurer seeking a defense on behalf of its insureds in the underlying accident between a trucker and a pedestrian at a construction site, summary judgment and a stipulated judgment that concluded, as a matter of law, that the trucker's insurers did not owe a duty to defend the developer/general contractor/grading contractor under any vicarious liability theory is reversed where: 1) an omnibus clause may make a person or entity that is potentially liable under the peculiar risk doctrine an "uninsured," and thereby entitled to a defense pursuant to the insurance policy; and 2) under the peculiar risk doctrine, one may be held vicariously liable if he hires an independent contractor to do work that is likely to create a peculiar risk of harm to others unless special precautions are taken.

Appellate Information

  • Decided 12/14/2009
  • Published 12/14/2009

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of William J. Diffenderfer and Lisa A. Pan;  Lombardi, Loper & Conant, Ralph A. Lombardi and Lori A. Sebransky, Oakland, for Plaintiff and Appellant.

  • For Appellees:
  • Coddington, Hicks & Danforth, Randolph S. Hicks and Andrew P. Collier, Redwood City, for Defendant and Respondent Progressive Casualty Insurance Company., McNulty & Saacke and Charles F. Saacke, Torrance, for Defendant and Respondent Wilshire Insurance Company.
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