California Court of Appeal

In plaintiff-insurer's suit for declaratory relief and equitable contribution against defendant-insurer for improperly refusing to defend an underlying tenant lawsuit, trial court's judgment in favor of the defendant is affirmed where: 1) plaintiff's argument, that defendant waived the right to challenge misrepresentations made by its insured and was estopped from denying a defense in the tenant lawsuit based on the insured's misrepresentations, is forfeited as plaintiff failed to raise it until after trial in its objections to the trial court's statement of decision; 2) plaintiff's argument fails on the merits as defendant's internal guidelines, standing alone, created no enforceable rights on plaintiff's part; and 3) plaintiff failed to show that defendant engaged in improper post-claims underwriting.

Appellate Information

• Decided 08/27/2010
• Published 09/20/2010

Judges

• MANELLA

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bryan M. Weiss, Raul L. Martinez