Kransco v. American Empire Surplus Lines Ins. Co. (2000)

[Modification fn. * of Opinion (23 Cal.4th 390).]

KRANSCO, Plaintiff and Appellant; INTERNATIONAL INSURANCE COMPANY et al., Plaintiffs and Respondents, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Defendant and Appellant.

THE COURT.-

The opinion herein, appearing at 23 Cal. 4th 390, is modified as follows:

At page 404 of 23 Cal.4th, the sentence in the third paragraph that reads "A fundamental disparity exists between the insured, which hopes never to perform its basic duties of defense and indemnification" is replaced with the following:

A fundamental disparity exists between the insured, which performs its basic duty of paying the policy premium at the outset, and the insurer, which, depending on a number of factors, may or may not have to perform its basic duties of defense and indemnification under the policy.

This modification does not affect the judgment.

FN *. This modification requires movement of text affecting pages 404 - 405 of the bound volume report.