2130 Leavenworth Homeowners Association vs. State Farm Insurance Company
Year 2005
Court California Supreme Court
Case Number A109367
Issue
  • Duty to Defend
State
  • California

Request for Rehearing–UP argued that the Court of Appeal improperly ignored the State Farm policy language obligating the insurer to defend both claims and suits. By ignoring this language the First District violated the rule in California that “insurance contracts are construed to avoid rendering terms surplusage. Since State Farm’s policy used both “claims” and “suits” it clearly intended those terms of art to have separate and different meanings.

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