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CUNNINGHAM v. UNIVERSAL UNDERWRITERS

No. D038121.

120 Cal.Rptr.2d 162 (2002)

98 Cal.App.4th 1141

Richard CUNNINGHAM et al., Plaintiffs and Respondents, v. UNIVERSAL UNDERWRITERS, Defendant and Appellant.

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

Review Denied July 17, 2002.

Attorney(s) appearing for the Case

Callahan, McCune & Willis, Colrena Kay Johnson, Tustin, for Defendant and Appellant.

Ault, Davis, & Shonfeld, Thomas H. Ault, Gary E. Davis, San Diego, and R. Michael Jordan, for Plaintiffs and Respondents.

HALLER, Acting P.J.

Cunningham Enterprises, Inc. (Cunningham) sued its liability insurer, Universal Underwriters (Universal), alleging Universal breached its duty to defend Cunningham in an action brought by a third party. After Cunningham and Universal each moved for summary judgment, the court denied Universal's motion, granted Cunningham's motion, and entered judgment in Cunningham's favor for $197,837.59 plus costs. Universal appeals.

We conclude the undisputed...

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