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FIREMAN'S FUND INS. CO. v. SUPERIOR COURT

No. B113595.

78 Cal.Rptr.2d 418 (1997)

65 Cal.App.4th 1205

FIREMAN'S FUND INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; VICKERS INCORPORATED, Real Party In Interest.

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

Review Dismissed and Cause Remanded October 14, 1998.

Attorney(s) appearing for the Case

Caron, McCormick, Constants & Goldberg; Coran, McCormick, Gordon & Constants, Donald W. McCormick and Jeffrey A. Turkell, Glendale, for Petitioner.

No appearance for Respondent.

Rodi, Pollock, Pettker, Galbraith & Cahill, Tim G. Ceperley, John F. Cermak, Jr., Los Angeles, Cooper, Walinski & Cramer, Joseph P. Thacker and Terrell A. Allen, Toledo, OH, for Real Party In Interest.

MIRIAM A. VOGEL, Associate Justice.

In Foster-Gardner, Inc. v. National Union Fire Ins. Co.* (Cal.App.). Division Two of our court held that an insurer's duty to defend any "suit" includes a duty to defend an administrative "claim." In the case now before us, we reach the opposite conclusion.

BACKGROUND

From 1971 to 1985, Vickers Incorporated was insured by Fireman's Fund Insurance Company under four comprehensive...

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