Ruling by
Tracie L. BrownLower Court
San Francisco County Superior CourtLower Court Judge
Murlene J. RandleAmbiguous 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/4Cite as
2024 DJDAR 567Published
Jan. 22, 2024Filing Date
Jan. 18, 2024Opinion Type
ModificationDisposition Type
Reversed (in part)Case Fully Briefed
Aug. 21, 2023Oral Argument
Dec. 12, 2023THE 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.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424