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GRAY v. ZURICH INSURANCE CO.

Docket No. L.A. 28897.

65 Cal.2d 263 (1966)

419 P.2d 168

54 Cal. Rptr. 104

VERNON DARTMOUTH GRAY, Plaintiff and Appellant, v. ZURICH INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

October 25, 1966.

Attorney(s) appearing for the Case

Robert L. Brock, Edwin S. Saul and Brock & Fleishman for Plaintiff and Appellant.

William J. Currer, Jr., as Amicus Curiae on behalf of Plaintiff and Appellant.

Moss, Lyon & Dunn, Gerold C. Dunn and Henry F. Walker for Defendant and Respondent.

TOBRINER, J.

This is an action by an insured against his insurer for failure to defend an action filed against him which stemmed from a complaint alleging that he had committed an assault. [1, 2] The main issue turns on the argument of the insurer that an exclusionary clause of the policy excuses its defense of an action in which a plaintiff alleges that the insured intentionally caused the bodily injury. Yet...

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