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Modification: Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.

Ruling by

Carol A. Corrigan

California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful.





Court

CASC

Cite as

2018 DJDAR 7361

Published

Jul. 27, 2018

Filing Date

Jul. 25, 2018

Opinion Type

Modification


 

LIBERTY SURPLUS INSURANCE

CORPORATION et al.,

Plaintiffs and Respondents,

v.

LEDESMA & MEYER

CONSTRUCTION COMPANY, INC., et al.,

Defendants and Appellants.

 

No. S236765

9th Cir. No. 14-56120

California Supreme Court

Filed July 25, 2018

 

ORDER MODIFYING OPINION

 

THE COURT:

 

The opinion in this matter, which was filed June 4, 2018, appearing at 5 Cal.5th 216, is modified as follows:

 

1. The final sentence of the third full paragraph on page 220, beginning "The district" is modified to read:

 

The district court granted summary judgment to Liberty on its claim for declaratory relief.

 

2. The second sentence of the paragraph spanning pages 226 and 227, beginning "There, the insured" is modified to read:

 

There, the insured taxi cab company sought liability insurance coverage for a child molestation committed by one of its drivers at a school.

 

These modifications do not affect the judgment.

#271761

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