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ZURICH INS. CO. v. PETERSON

Docket No. 24056.

188 Cal.App.3d 438 (1986)

232 Cal. Rptr. 807

ZURICH INSURANCE COMPANY et al., Plaintiffs, Cross-defendants and Appellants, v. WINFORD C. PETERSON, Defendant, Cross-complainant and Respondent; TRI-TOOL, INC., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 29, 1986.

Attorney(s) appearing for the Case

COUNSEL

Keogh, Marer & Flicker, Marer, Marer & Schuck, Gerald Z. Marer, Alan G. Marer, John F. Schuck, Owen, Melbye & Rohlff and Yale W. Rohlff for Plaintiffs, Cross-defendants and Appellants.

Peter B. Van Gelder Deipenbrock & Paras, George E. Paras and Greve Clifford for Defendant, Cross-complainant and Respondent.

Weintraub, Genshlea, Hardy, Erich & Brown, Anthony D. Osmundson and Sara A. Clark for Defendants and Respondents.

OPINION

CARR, J.

In this appeal from a summary judgment, we determine when, for purposes of insurance coverage, an act or offense of malicious prosecution is "committed." Is it the date on which the maliciously prosecuted action was filed? Or, as held by the trial court herein, does the "when" period encompass the entire time from the initiation of the maliciously prosecuted action by the filing of the complaint to the termination...

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