California Court of Appeal

In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.

Appellate Information

• Decided 09/01/2010
• Published 09/01/2010

Judges

• MOSK

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Roland Wrinkle, John V. Hager