California Court of Appeal

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McMillin Companies, LLC v. American Safety Indemnity Co., D063586

In this insurance coverage dispute in which plaintiffs assert that defendant breached its duty to defend, judgment in favor of defendant is reversed and the case is remanded for further proceedings, where: 1) the trial court erred in granting plaintiffs' motion in limine to preclude evidence or argument that disputed defendant's duty to defend; 2) the trial court erred in granting defendant's motion in limine to preclude defendant from presenting evidence or argument either that the Settlement proceeds are not an offset to defendant's Baker fees or that the Settlement proceeds are allocated to Brandt fees; and 3) on cross-appeal, the present court cannot affirm the portion of the judgment in defendant's favor as to the cause of action for breach of the implied covenant of good faith and fair dealing, as defendant is not legally "aggrieved" for appeal purposes as its rights or interests were not "injuriously affected" by a judgment that was in its favor.

Appellate Information

  • Decided 01/22/2015
  • Published 01/22/2015

Judges

  • Irion

Court

  • California Court of Appeal

Counsel