New CA Insurance Case
Insurance
California Insurance Code section 533 prohibits insurance companies from providing indemnity for intentional acts. Last month, the First District Court of Appeal published a new case addressing whether an insured successor to a paint manufacturer that had promoted the use of lead paint was entitled to indemnity for a settlement payment of $101,666,666 made by the insured. A video discussing the case is above and my summary of the case is below.
New Insurance Decision
Certain Underwriters at Lloyd's etc. v. Conagra Grocery etc. (2022) _ Cal.App.5th _ , 2022 WL 1164981: The Court of Appeal affirmed the trial court's order granting plaintiff insurance carriers' motion for summary judgment in a coverage action where plaintiffs alleged they were not obligated to indemnify defendant for its payment of $101,666,666 made to settle an underlying lawsuit where defendant was found liable for a public nuisance as the successor to paint manufacturer W.P. Fuller & Co. (Fuller) which had promoted the use of lead paint for interior and exterior use despite having known for nearly a century that such use of lead was hazardous to human beings. The trial court properly granted summary judgment in favor of plaintiffs, holding that Insurance Code section 533 precluded coverage as a matter of law because it precludes indemnification for liability arising from deliberate conduct that the insured expected or intended to cause damage because the courts in the underlying litigation clearly and repeatedly found that Fuller intentionally promoted lead paint with knowledge that damage to children was at least highly probable. (C.A. 1st, April 19, 2022.)
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I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, I've been listed each year since 2012 in The Best Attorneys in America, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
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I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.
Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
