Supreme Court of California

In plaintiff's suit against defendant-insurers, alleging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, declaratory relief, waiver and estoppel, and contribution, claiming that the United States Department of Interior Board of Contract Appeals (IBCA) proceedings are "civil proceedings" and that the insurers had the duty to defend or settle the United States Department of the Interior's Bureau of Reclamation's (Bureau) claims against the plaintiff before the IBCA, judgment of the court of appeals is reversed as the Foster-Gardner's rule does not apply to this case because the quasi-judicial adjudicative proceeding employed to resolve government demands against insured parties, is a "suit" as a reasonable insured would understand that term.

Appellate Information

• Decided 11/18/2010
• Published 11/18/2010

Judges

• CHIN

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Jordan S. Stanzler, Richard Giller