Century National Ins. v. Garcia 12/2/09 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B209616

Case Date: 03/11/2010

Preview:Filed 12/2/09 Century Nat. Ins. v. Garcia CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

CENTURY NATIONAL INSURANCE CO., Plaintiff and Respondent, v. JESUS GARCIA et al., Defendants and Appellants.

B209616 (Los Angeles County Super. Ct. No. BC379522)

APPEAL from a Judgment of the Superior Court of Los Angeles County. Maureen Duffy-Lewis, Judge. Affirmed. Beverly Hills Associates and Stephen M. Losh for Defendants and Appellants Jesus Garcia and Theodora Garcia. Haight, Brown & Bonesteel, Valerie A. Moore and Christopher Kendrick for Plaintiff and Respondent Century-National Insurance Company.

______________________

Jesus Garcia, Sr. and Theodora Garcia appeal judgment on their cross-complaint against Century National Insurance Company. The Garcias son Jesus, Jr. deliberately set fire to the Garcias home, and Century National sought a declaration that coverage was excluded for the intentional acts of "any insured;" the Garcias cross-claimed for breach of contract, bad faith, and reformation. The trial court sustained Century Nationals demurrer without leave to amend, concluding that the policy language defining "any insured" to include relatives precluded recovery for the intentional acts of Jesus Garcia, Jr. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY Jesus Garcia, Sr. and his wife Theodora Garcia were Century Nationals named insureds under a fire insurance policy on their home.1 On May 2, 2007, a fire occurred at the Garcias home, and on May 3, 2007, the Garcias filed a claim with Century National. The insurance adjuster inspected the premises and suspected arson. Century National retained a qualified fire investigator, who determined that the fire started in the bedroom of the Garcias son Jesus, Jr. shortly after he had been in the bedroom. The investigator ascertained the fire was intentionally set with the use of a small amount of accelerant applied to the floor and bed that was ignited with a small open flame, such as would be found on a cigarette lighter or a match. Century National concluded the fire was the result of arson. Jesus, Jr. pleaded no contest to arson charges (Pen Code,

Download Century National Ins. v. Garcia 12/2/09 CA2/7.pdf