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CALIFORNIA CASUALTY MANAGEMENT CO. v. MARTOCCHIO

Docket No. A056302.

11 Cal.App.4th 1527 (1992)

15 Cal. Rptr.2d 277

CALIFORNIA CASUALTY MANAGEMENT COMPANY, Plaintiff and Respondent, v. JOSEPH A. MARTOCCHIO et al., Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 30, 1992.

Attorney(s) appearing for the Case

COUNSEL

Paul Kleven and Charles O. Morgan, Jr., for Defendant and Appellant.

Clapp, Moroney, Bellagamba, Davis and Vucinich, Duane E. Clapp, Jr., and Ellen C. Arabian for Plaintiff and Respondent.

OPINION

PETERSON, J.

We hold in this case that a party ordered to pay attorney fees on the authority of Code of Civil Procedure section 128.5 is precluded by Insurance Code section 533 from recovering such fees under the provisions of a comprehensive general liability insurance policy insuring against liability for malicious prosecution.

I. FACTS AND PROCEDURAL HISTORY

The underlying facts of this litigation have...

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