This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Modification: The Pep Boys v. Old Republic Insurance Company

Ruling by

Tracie L. Brown

Lower Court

San Francisco County Superior Court

Lower Court Judge

Murlene J. Randle

Ambiguous insurance policy language was construed against insurers when extrinsic evidence revealed that insured expected "annual period" to last more than one year.





Court

California Courts of Appeal 1DCA/4

Cite as

2024 DJDAR 567

Published

Jan. 22, 2024

Filing Date

Jan. 18, 2024

Opinion Type

Modification

Disposition Type

Reversed (in part)

Case Fully Briefed

Aug. 21, 2023

Oral Argument

Dec. 12, 2023


THE PEP BOYS --- MANNY, MOE & JACK et al.,

Plaintiffs and Appellants,

v.

OLD REPUBLIC INSURANCE COMPANY et al.,

Defendants and Respondents.

 

No. A166574

(San Francisco City & County Super. Ct. No. CGC-21-590238)

California Court of Appeal

First Appellate District

Division Four

Filed January 18, 2024

 

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

 

THE COURT:

 

It is ordered that the opinion filed herein on December 28, 2023, be modified as follows:

 

1. On page 1, the first sentence, "The Pep Boys --- Manny, Moe & Jack and The Pep Boys Manny Moe & Jack of California LLC (together, Pep Boys) appeal from the trial court's judgment against them in a coverage action against their insurers, Old Republic Insurance Company (Old Republic); Executive Risk Indemnity Company, formerly known as American Excess Insurance Company (American Excess); and Fireman's Fund Insurance Company (Fireman's Fund)." is changed to:

 

"The Pep Boys --- Manny, Moe & Jack and The Pep Boys Manny Moe & Jack of California LLC (together, Pep Boys) appeal from the trial court's judgment against them in a coverage action against their insurers, Old Republic Insurance Company (Old Republic); Executive Risk Indemnity Company, as successor to certain insurance contracts issued by American Excess Insurance Company (American Excess); and Fireman's Fund Insurance Company (Fireman's Fund)."

 

The listing of counsel will be corrected separately by clerical action.

 

There is no change in judgment.

 

Date: 1/18/2024

J. Brown, P. 

#282117

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424