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DELGADO v. INTERINSURANCE EXCHANGE OF AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA

No. S155129.

47 Cal.4th 302 (2009)

JONATHAN DELGADO, Plaintiff and Appellant, v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Defendant and Respondent.

Supreme Court of California.

August 3, 2009.

Attorney(s) appearing for the Case

Glaser & Damone, Glaser, Damone & Schroeder and Robert P. Damone for Plaintiff and Appellant.

Dickstein Shapiro, Kirk A. Pasich, Cassandra S. Franklin and Stephanie A. Sullins for United Policyholders as Amicus Curiae on behalf of Plaintiff and Appellant.

Steven W. Murray as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Office of Daniel U. Smith, Daniel U. Smith; Law Office of Gary L. Simms and Gary L. Simms for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Reed Smith, Margaret Grignon, Judith E. Posner; Ford, Walker, Haggerty & Behar, Timothy L. Walker, Donna Rogers Kirby, Maxine J. Lebowitz and K. Michele Williams for Defendant and Respondent.

Sonnenschein Nath & Rosenthal, Paul E. B. Glad, Michael A. Barnes and David R. Simonton for Association of California Insurance Companies as Amicus Curiae on behalf of Defendant and Respondent.

Summers & Shives, Robert V. Closson and Ian G. Williamson for Employers Mutual Casualty Company as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

KENNARD, J. —

This case involves an insurance policy that covers injury resulting from "an accident." After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policy's coverage of "an accident." Does the insurance company have a duty to defend that action...

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