 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Continental Casualty Co. v. Travelers Casualty and Surety Co.12/2/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Travelers Casualty and Surety Company (Travelers) appeals the summary judgment establishing that Continental Casualty Company (Continental) did not bear a joint obligation to defend Warner Brothers, The Jenny Jones Show and Telepictures (collectively Warner) in an underlying action. Because there are no triable issues as to the duty to defend, we affirm.
FACTS
The Two Insurance Policies
Time Warner, Inc. obtained a general liability policy from Travelers and an entertainment risk policy from Continental (the policy) that provided coverage for errors and omissions.
In part I.A.1. of the policy, Continental promised to defend Time Warner, Inc. against liability for damages resulting from any claim seeking damages arising out of "invasion or interference with rights of privacy or publicity, including but not limited to false light, public disclosure of private facts, intrusion upon seclusion, and commercial appropriation of name or likeness." Part I.A.2. provided coverage for " ibel, slander or other torts to the extent based upon disparagement or harm to the character or reputation of any natural person or entity, including but not limited to product disparagement, trade libel, infliction of emotional distress, prima facie tort, outrage, or outrageous conduct; [ ] . . . [ ] committed in the utterance or dissemination of Matter by the Insured in the Business of the Insured."
Part II.J. of the policy provided that Continental shall have "no obligation to . . . defend . . . any Claim: [ ] . . . [ ] J. For or arising out of Bodily Injury . . . unless caused by the perils listed" in parts I.A.1. and I.A.2.
Bodily injury is defined in the policy as "physical injury, sickness, or disease including death."
The Coverage Dispute
On March 6, 1995, Scott Amedure (Amedure) and Jonathon Schmitz (Schmitz) participated in the taping of The Jenny Jones Show. During the show, Amedure revealed that he had a secret crush on Schmitz. Three days later, due to his outrage over the incident, Schmitz shot and killed Amedure.
The Estate of Scott Amedure (the Estate) sued Warner in Michigan for contributing to Amedure's death (the Amedure action). In its second amended complaint (the Amedure complaint), the Estate sued Warner for negligence, gross negligence and willful and wanton misconduct. The Estate alleged: Warner procured Schmitz's presence on the show by telling him that he had a secret admirer. Though Schmitz said he would not participate if his secret admirer was a man, Warner concealed Amedure's gender. The purpose of the show was to sensationalize Amedure's same sex crush on Schmitz, and the intent "was to scandalize, embarrass and humiliate [Schmitz]." Warner should have known that its conduct could incite Schmitz to violence such that Amedure "was unnecessarily placed in a precarious and dangerous position." Warner subjected Amedure to a threat of violence from Schmitz by, inter alia: (1) engaging in "extreme and outrageous conduct" to intentionally or recklessly cause Schmitz severe emotional distress; (2) misleading Schmitz about the content of the show and "purposefully disregarding his expressed instructions that he would not want a man telling him o television" of a same sex crush; (3) creating a situation that would humiliate, embarrass and mort
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|