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KAZI v. STATE FARM FIRE & CASUALTY CO.

No. S078962.

103 Cal.Rptr.2d 1 (2000)

24 Cal.4th 871

15 P.3d 223

Zubair M. KAZI et al., Plaintiffs and Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY et al., Defendants and Respondents; Kerns & Gradillas et al., Movants and Respondents; Gary S. Smolker, Objector and Appellant.

Supreme Court of California.

Rehearing Denied April 11, 2001.

Attorney(s) appearing for the Case

Law Offices of Smolker & Graham, Alice M. Graham, Marina Del Rey, and Gary S. Smolker, in pro. per., and for Plaintiffs and Appellants and for Objector and Appellant.

Anderson, Kill & Olick, John A. Mac-Donald, Philadelphia, PA, Edward M. Joyce, New York, NY, Jordan S. Stanzler, San Francisco; and Amy S. Bach, for United Policyholders as Amicus Curiae on behalf of Plaintiffs and Appellants.

Robie & Matthai, Michael J. O'Neill, Pamela E. Dunn, Claudia M. Sokol, Gabrielle M. Jackson and Natalie A. Kouyoumdjian, Los Angeles, for Defendant and Respondent State Farm Fire and Casualty Company.

Horvitz & Levy, Barry R. Levy, Mitchell C. Tilner, Encino, Robert H. Wright; Cotkin & Collins, Joan M. Dolinsky and Terry C. Leuin, Los Angeles, for Defendants and Respondents Truck Insurance Exchange and Farmers Insurance Exchange.

Peter F. Riley, for Movants and Respondents.

CHIN, J.

We granted review to determine whether comprehensive liability insurers who insure only for tangible property losses owe a duty to defend in a dispute involving the right to use an implied easement. Case law and treatises have always acknowledged that actions over easement ownership, interference, or the right to use an easement concern "pure rights in property" or intangible rights only. (See Gunderson v...

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