Liberty Mutual Insurance v. National Fire Insurance Company
Published: Sep. 3, 2011 | Result Date: Aug. 23, 2010 | Filing Date: Jan. 1, 1900 |Arbitration – $496,043
Facts
A slip and fall occurred in the common area of a shopping center. This lawsuit involved a coverage dispute between the insurer for the shopping center and the insurer for the tenant, whose business, the injured party was en route to visit when the accident happened.
Contentions
PLAINTIFF'S CONTENTIONS:
Liberty Mutual claimed that under Hartford Casualty v. Travelers Indemnity, 110 Cal App 4th 710 (2003), the tenant's insurance policy was primary and thus the insurer for the tenant owed the landlord a complete defense and indemnity.
DEFENDANT'S CONTENTIONS:
National Fire claimed that since the tenant was faultless, its carrier did not have a duty to defend and indemnify.
Result
$496,043.
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