JULIAN v. HARTFORD UNDERWRITERS INS. CO.

No. S109735.

27 Cal.Rptr.3d 648 (2005)

35 Cal.4th 747

110 P.3d 903

Frank JULIAN et al., Plaintiffs and Appellants, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

As Modified May 5, 2005.


Attorney(s) appearing for the Case

The Law Offices of Kim H. Pearman, Pearman Law Corporation, Kim H. Pearman, Robert L. Pearman and Kenneth R. Nahigian, Van Nuys, for Plaintiffs and Appellants.

Chipman Miles & Associates, Chipman Miles, Brian B. Miles, Joel M. Westbrook, Walnut Creek; and Amy Bach, Mill Valley, for United Policyholders, as Amicus Curiae on behalf of Plaintiffs and Appellants.

Gary M. Cohen, Jerry L. Whitfield and Risa Salat-Kolm, San Francisco, for California Department of Insurance, as Amicus Curiae on behalf of Plaintiffs and Appellants.

Ropers, Majeski, Kohn & Bentley, Todd A. Roberts, Kevin G. McCurdy and Crystal N. Thomas, Redwood City, for Defendant and Respondent.

Willoughby, Stuart & Bening, Ronald J. Cook and Bruce M. MacLeod, San Jose, for California State Automobile Association Inter-Insurance Bureau, as Amicus Curiae on behalf of Defendant and Respondent.

Capman, Popik & White and Susan M. Popik, San Francisco, for Personal Insurance Federation of California, as Amicus Curiae on behalf of Defendant and Respondent.


MORENO, J.

California Insurance Code section 5301 provides that "[a]n insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause." We have construed section 530 as incorporating into...

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