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Hayes v. Security National Insurance Co.3/27/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Janet Gray Hayes filed an action against defendant Security National Insurance Company after she obtained a $1,000,000 judgment against defendant's insured, JL International Publishing Inc. (JL). Plaintiff and defendant filed cross-motions for summary judgment. Plaintiff's motion was granted, and defendant's motion was denied.
Judgment was entered in plaintiff's favor, and defendant both appealed from the judgment and sought a writ of mandate directing the superior court to grant its summary judgment motion. Defendant argues both on appeal and in its writ petition that the superior court should have denied plaintiff's motion and granted its motion because it established that the insurance policy it issued to JL excluded coverage for JL's liability to plaintiff. Although we do not agree with defendant, we conclude that plaintiff's summary judgment motion should not have succeeded, and we reverse the judgment. However, we also conclude that defendant's summary judgment motion was not meritorious, and therefore we deny its writ petition.
I. Background
In 1989, a book called "The Chronicle of America" was published by "Chronicle Publications, Inc." This 1989 book contained a defamatory statement about plaintiff. JL was not involved in the publication or distribution of the 1989 book. A new edition of this book was produced by "Chronicle Communications, Ltd" (CCL) in 1993, and it contained the same defamatory statement. Defendant issued an insurance policy to JL in July 1993 that was in force from July 1, 1993 to July 1, 1994. In July 1993, JL "began distributing" the 1993 edition of the book.
Plaintiff filed an action against CCL, JL and others alleging that they had "edited, published, distributed, and sold" the 1993 edition of the book containing the defamatory statement about her. Her lawsuit alleged causes of action for libel, invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress and negligence. In September 1997, plaintiff obtained a judgment against JL for $1,000,000 after a court trial of her action. This judgment stated that the book had libeled plaintiff and violated her right of privacy causing her "personal injury" and "bodily injury." The judgment also stated that "the first publication" of the defamatory statement occurred between July 1, 1993 and July 1, 1994.
Plaintiff filed this action against defendant in September 2000. She alleged that the 1997 judgment established that JL had libelled her in July 1993 "by selling and distributing" the 1993 edition of the book. Plaintiff asserted that JL's act had caused her both "bodily injury" and "personal injury" within the meaning of the "Business Liability Coverage" of the insurance policy issued by defendant to JL. She alleged that defendant had refused to defend or indemnify JL in plaintiff's 1994 action against JL. The insurance policy and the 1997 judgment were attached to plaintiff's complaint.
The insurance policy covered bodily injury, property damage, personal injury and advertising injury that occurred during the policy period. The "Personal injury" coverage was defined to apply only when the injury was "caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you." (Emphasis added.
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