Verdicts & Settlements

August 12, 2011

Daily Journal

SUMMARY JUDGMENT: Defense in favor of Markel International.

CASE / NUMBER: California Capital Insurance v. Markel International, Citation Insurance, Roosevelt Owyang, Lumianda, LLC / RG08368593.

COURT / DATE: Alameda Superior / May 2, 2011.

JUDGE: Hon. Richard O. Keller

ATTORNEYS: Plaintiff - David C. Grant (Grant, Genovese & Baratta, LLP).

Defendant - Todd A. Chamberlain [correction: and Carolyn A. Mathews] (Murchison & Cumming, LLP, Los Angeles) for Markel International.

FACTS: California Capital Insurance (CCI) filed suit against Markel International, Citation Insurance, Roosevelt Owyang and Lumianda LLC involving a lawsuit against the insured for the negligent maintenance of apartment buildings in Oakland, and other causes of action. CCI agreed to defend the insured under a reservation of rights, but Markel denied coverage on a number of grounds including the absence of property damage or bodily injury during the policy periods. CCI settled the underlying case and incurred more than $500,000 in costs. It later sued Markel, the insured, and others for reimbursement and indemnity.

The parties filed cross-motions for summary judgment on whether Markel had a duty to defend or indemnify its insured or reimburse CCI.

DAMAGES: CCI sought more than $2 million in damages. CCI settled the matter with the insured and other defendants, and sought at least half the balance from Markel.

RESULT: Summary judgment in favor of Markel.

The Court found that there were no triable issues of fact and that the insured knew of all claims in the underlying action prior to inception of the Markel policies. The Court granted Markel's motion in its entirety and dismissed CCI's motion as moot.