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January 2013

Additional Insured Landlord Not An "Insured" For Purposes of Interinsured Claims Exclusion

Interinsured Claims Exclusion Did Not Exclude Coverage Where an Additional Insured Landlord Was Not Adverse to a Named Insured Tenant

(December 5, 2012) __Cal.App.4th __; 12 C.D.O.S. 13358

The California Court of Appeal, Second Appellate District, affirmed Gemini Insurance Co.’s motion for summary judgment in a lawsuit brought by Gemini seeking reimbursement of a paid property damage claim from Delos Insurance Co. The court held that coverage was owed to Gemini’s insured and that the Delos policy’s interinsured exclusion did not apply.

Delos issued a liability insurance policy (the “Policy”) to Bobby’s Foscle, a restaurant located in a building owned by Loch Lomond Marina. Pursuant to the rental agreement between Bobby’s owners and Loch Lomond, Loch Lomond was named in the Policy as an “additional insured.”

The Policy contained an “Interinsured Claims and Suits Exclusion,” which provided:

The liability coverage afforded by this policy does not apply to any claim or “suit” for damages by any “insured” against another “insured” because of “bodily injury ”, “property damage”, personal injury” or ”advertising injury”. We have no obligation to defend or indemnify any “insured” as to any such claim or “suit” by another “insured”.

The Policy also provided, "[I]f you are designated in the declarations as . . . an organization other than a partnership, joint venture, or limited liability company, you are an insured.” The Policy contained an endorsement titled “Additional Insured-Managers or Lessors of Premises,” which stated:

Who is an Insured (section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to such person or organization's liability which both (1) arises out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule, and (2) occurs on that part of the premises leased to you and shown in the Schedule, and (3) results from and by reason of your act or omission or an act or omission of your agent or employee in the course of your operations at that part of the premises leased to you and shown in the Schedule.

For the full article, please click here.

Insurance

Jordan S. Altura


Insurance

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