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CITY OF WHITTIER v. EVEREST NATIONAL INS. Co.

No. B321450.

97 Cal.App.5th 895 (2023)

CITY OF WHITTIER, Plaintiff and Appellant, v. EVEREST NATIONAL INSURANCE COMPANY et al., Defendants and Respondents.

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

As modified December 26, 2023.

Attorney(s) appearing for the Case

Woolls Peer Dollinger & Scher, Jeffrey A. Dollinger , H. Douglas Galt and Brian W. Walsh for Plaintiff and Appellant.

Selman Leichenger Edson Hsu Newman Moore, Sheryl W. Leichenger , Eldon S. Edson and Laura R. Ramos for Defendant and Respondent Everest National Insurance Company.

Musick, Peeler & Garrett, Lawrence A. Tabb and Jennifer M. Kokes for Defendant and Respondent Starr Indemnity & Liability Company.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

This appeal presents a question of first impression: whether Insurance Code section 533 (section 533), under which "[a]n insurer is not liable for a loss caused by the wilful act of the insured," bars indemnification...

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