DEMURRER TO COMPLAINTSet for hearing on the Law and Motion Calendar for Monday, March 16, 2020, line 10. DEFENDANT NORTHFIELD INSURANCE COMPANY'S DEMURRER TO COMPLAINT.
Defendant Northfield Insurance Company's demurrer is overruled in its entirety.
Defendant does not show that Plaintiffs are unable to state any cause of action for a breach of contract claim. In a 'mixed' action, in which some of the claims are at least potentially covered and the others are not, the insurer has a duty to defend as to the claims that are at least potentially covered?." (Buss v. Sup. Ct. (1997) 16 Cal.4th 35, 47.) It is not clear from the face of the complaint that none of the claims in the underlying action were covered by the insurance policies, and thus the cause of action is not susceptible to demurrer. Further, because Defendant's demurrers to the remaining causes of action are derivative of their claim that there is no viable coverage claim, those demurrers are also overruled.
The court cannot
Hearing Date
March 16, 2020
Department
Civic Center Courthouse Room 302
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DEMURRER TO COMPLAINTSet for hearing on the Law and Motion Calendar for Monday, March 16, 2020, line 10. DEFENDANT NORTHFIELD INSURANCE COMPANY'S DEMURRER TO COMPLAINT.
Defendant Northfield Insurance Company's demurrer is overruled in its entirety.
Defendant does not show that Plaintiffs are unable to state any cause of action for a breach of contract claim. In a 'mixed' action, in which some of the claims are at least potentially covered and the others are not, the insurer has a duty to defend as to the claims that are at least potentially covered?." (Buss v. Sup. Ct. (1997) 16 Cal.4th 35, 47.) It is not clear from the face of the complaint that none of the claims in the underlying action were covered by the insurance policies, and thus the cause of action is not susceptible to demurrer. Further, because Defendant's demurrers to the remaining causes of action are derivative of their claim that there is no viable coverage claim, those demurrers are also overruled.
The court cannot