DEMURRER TO 2ND AMENDED CROSS COMPLAINT
Matter on calendar for Monday, April 17, 2017, Line 5, CROSS DEFENDANT AIX SPECIALTY INSURANCE COMPANY DEMURRER TO 2ND AMENDED CROSS COMPLAINT.
Cross-defendant AIX Specialty Insurance Company's demurrer to the first three causes of action in Build Group, Inc.'s second amended cross-complaint is sustained without leave to amend as to all three causes of action. There is no possibility of coverage under the terms of the insurance policy. Build Group fails to allege facts to show coverage by estoppel, nor is it reasonably possible that it can do so. AIX is only obligated to defend Build Group "against any 'suit' seeking those damages" and no suit was filed against Build Group. (Foster-Gardner, Inc. v. Nat'l Union Fire Ins. (1998) 18 Cal.4th 857, 886.) AIX has no duty to indemnify because it is only obligated to pay "those sums that the insured becomes legally obligated to pay as damages?" and no order or judgment has been entered that requires
Hearing Date
April 17, 2017
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DEMURRER TO 2ND AMENDED CROSS COMPLAINT
Matter on calendar for Monday, April 17, 2017, Line 5, CROSS DEFENDANT AIX SPECIALTY INSURANCE COMPANY DEMURRER TO 2ND AMENDED CROSS COMPLAINT.
Cross-defendant AIX Specialty Insurance Company's demurrer to the first three causes of action in Build Group, Inc.'s second amended cross-complaint is sustained without leave to amend as to all three causes of action. There is no possibility of coverage under the terms of the insurance policy. Build Group fails to allege facts to show coverage by estoppel, nor is it reasonably possible that it can do so. AIX is only obligated to defend Build Group "against any 'suit' seeking those damages" and no suit was filed against Build Group. (Foster-Gardner, Inc. v. Nat'l Union Fire Ins. (1998) 18 Cal.4th 857, 886.) AIX has no duty to indemnify because it is only obligated to pay "those sums that the insured becomes legally obligated to pay as damages?" and no order or judgment has been entered that requires