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Vandenberg v. Raichle Molitor U.S.A.3/5/2003
Plaintiff and appellant Jacques Vandenberg (Vandenberg) owns a ski shop known as Fast Lane Ski Rentals (Fast Lane). Defendant and respondent Raichle Molitor USA, Inc. (Raichle) is an importer and distributor of ski equipment, including Tyrolia ski bindings. Vandenberg executed a dealer agreement with Raichle, under which Vandenberg purchased Tyrolia bindings for use in Vandenberg's ski shop.
A customer of Fast Lane, Alyssa Yauchzee, was injured using Tyrolia ski bindings she rented from Fast Lane. Yauchzee sued Fast Lane. That suit was ultimately resolved in favor of Fast Lane, based upon the release of liability Yauchzee had executed. Vandenberg sued Raichle, however, on the theory that, under the various components of the contract, Raichle agreed to insure or indemnify plaintiff for claims such as Yauchzee's.
After a somewhat complex procedural history, including an earlier appeal before this court, the trial court ultimately entered judgment for Raichle. Vandenberg now appeals. For the reasons articulated below, we shall affirm the judgment.
FACTS AND PROCEDURAL HISTORY
We draw upon our opinion in the earlier appeal for the relevant background information.
I. Setting the Stage
"[Raichle] imports and distributes Raichle ski boots, Tyrolia skis, and Tyrolia Alpine bindings. As an inducement to purchase bindings from it, Raichle offers a dealer insurance program. Once a retailer enters into a dealer agreement with Raichle, the retailer is entitled to be listed as a named insured on `a special TYROLIA insurance policy.' The policy covers claims for bodily injury allegedly caused by Tyrolia bindings. As conditions precedent to the dealer insurance program, the retailer must: (1) follow the procedures specified in the Tyrolia technical manual for mounting and adjusting bindings; (2) have customers sign a release of liability form; and (3) give Raichle timely notice of any claim.
"[Vandenberg], doing business as Fast Lane . . , entered into a dealer agreement with Raichle. . . . [Yauchzee] sued Fast Lane, claiming she had been injured while using Tyrolia bindings she had rented from [Fast Lane]. Vandenberg gave notice of Yauchzee's claim to Raichle. Raichle refused to provide him with a defense, on the asserted ground that Vandenberg had failed to cooperate.
"Ultimately, Fast Lane was found not liable to Yauchzee; a judgment was entered in its favor and against her. Meanwhile, however, Vandenberg filed this action against Raichle." (Vandenberg v. Raichle Molitor U.S.A., Inc. (Apr. 27, 1999, E021443) [nonpub. opn.] at pp. 2-3.) In Vandenberg's action, "Raichle took the position that `Raichle' and `Tyrolia' were separate corporate entities; that, in entering into the dealer agreement, and hence the dealer insurance program, [Raichle] had been acting as the disclosed agent of Tyrolia; and therefore, that the only entity with any duty to defend Vandenberg was Tyrolia." (Vandenberg v. Raichle Molitor U.S.A., Inc., supra, (E021443) [nonpub opn.] at p. 3.)
II. First Trial and Appeal
Upon the first trial of the action, the trial court accepted Raichle's theory, and gave judgment for Raichle on the ground that "Raichle was not a party to the Insurance Plan. [The trial court] reasoned that, at least with respect to Tyrolia products, and hence with respect to the Insurance Plan, Raichle entered into the Dealer Agreement solely as the disclosed agent of Tyrolia." (Vandenberg v. Raichle Molitor U.S.A., Inc., supra, (E021443) [nonpub. opn.] at p. 12.)
We reversed the judgment for Raichle upon the first trial. We held that Raichle was not simply a "disclosed agent" of Tyrolia
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