California Court of Appeal

In a title company's suit claiming that the "Evidence of Property Insurance" (EOI) issued by the defendant-insurer was an enforceable binder and alleging that the insurer and its owner breached the terms of the EOI and engaged in bad faith by denying coverage for the homeowner's loss, trial court's judgment in favor of the plaintiff is affirmed where: 1) the trial court did not err by instructing the jury the EOI was a binder of insurance and by denying defendants' motion for a judgment notwithstanding the verdict, which asserted the EOI was not a binder as a matter of law; 2) the EOI included all of the required elements for a binder under Ins. Code section 382.5(a) and was issued in accordance with procedures established by defendant for binding coverage in escrow transactions; 3) substantial evidence supported the jury's findings of agency and bad faith; and 4) the trial court did not err by denying defendants' motion based on the doctrine of superior equities or by denying defendants' motion for a judgment of indemnity against third-party insurer.

Appellate Information

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

Judges

• FYBEL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas W. Ely, Timothy Kenna