EMERALD BAY COMMUNITY v. GOLDEN EAGLE INS.

No. G032597.

31 Cal.Rptr.3d 43 (2005)

130 Cal.App.4th 1078

EMERALD BAY COMMUNITY ASSOCIATION, Plaintiff and Appellant, v. GOLDEN EAGLE INSURANCE CORPORATION, Defendant and Respondent.

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

June 29, 2005.


Attorney(s) appearing for the Case

Prenovost Normandin Bergh & Dawe, Michael G. Dawe, Santa Ana; Snell & Wilmer, Richard A. Derevan, Marc L. Turman and Michael S. McIntosh, Irvine, for Plaintiff and Appellant.

Richard H. Benes; Ault Davis & Schnofeld, Richard P. Edwards; Koeller Nebeker Carlson & Haluck and Sharon A. Huerta, San Diego, for Defendant and Respondent.


OPINION

RYLAARSDAM, J.

Plaintiff Emerald Bay Community Association sued defendant Golden Eagle Insurance Corporation for allegedly failing to promptly investigate and respond to a request that it provide a defense in a pending lawsuit and by eventually denying coverage existed for the claim. Before trial, one department of the superior court denied defendant's motion for summary judgment or summary adjudication of issues, which, in part, argued no liability...

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