Gonzalez v. Fire Ins. Exchange
Annotate this CaseIn 2007, Jessica Gonzalez alleged she was sexually assaulted by Rebagliati and nine other members of the De Anza College baseball team. A year later, Gonzalez filed a civil lawsuit against her purported assailants. Rebagliati sought insurance coverage for his defense through his parents’ homeowner’s and personal umbrella policies, issued by Fire and Truck. Both companies denied coverage. Eventually, Rebagliati settled with Gonzalez, assigning Gonzalez his rights against Fire and Truck. Gonzalez sued the insurers for breach of the duty of good faith and fair dealing and breach of contract and sought recovery of judgment pursuant to Insurance Code section 11580. Her underlying allegations included accidental bodily injury, false imprisonment, invasion of privacy, and slander. Fire and Truck argued they had not owed Rebagliati a duty to defend. The trial court granted the insurers summary judgment. The court of appeal reversed in part. While none of Gonzalez’s claims can be construed to allege an accidental occurrence triggering coverage under the Fire policy, Truck’s umbrella policy is broadly worded and does not require an “accident” for personal injury coverage.
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