State Farm Fire & Cas. Co. v. Superior Court

Opinion

TROTTER, P. J.

Real Party Victor Lawrence Pahl allegedly shot his wife and her attorney when they tried to inventory his pawnshop in connection

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with a marriage dissolution proceeding. State Farm insured Pahl under a homeowner’s policy. His wife and her attorney each brought civil actions against Pahl for damages resulting from the shootings, and State Farm undertook Pahl’s defense in each of those actions. Pahl is also being prosecuted for attempted murder and assault with a deadly weapon. In the underlying declaratory relief action, Pahl sought a judicial declaration that State Farm is obligated under his homeowner’s policy to undertake his defense in the criminal action.

The homeowner’s policy in question contained the following language:

“Coverage L—Personal Liability

“If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, we will:

“(1) Pay up to our limit of liability for the damages for which the insured is legally liable; and

“(2) Provide a defense at our expense by counsel of our choice. We may make any investigation and settle any claim or suit that we decide is appropriate. Our obligation to defend any claim or suit ends when the amount we pay for damages resulting from the occurrence equals our limit of liability.” Pahl claimed this language obligated State Farm to defend him in the criminal prosecution.

State Farm demurred, alleging the complaint failed to state a cause of action since the rights and duties described did not fall within any basic insuring agreement between real party and petitioner. The trial court overruled the demurrer and State Farm petitioned this court for a writ of mandate to compel the trial court to sustain the demurrer. We conclude the demurrer should have been sustained.

Ordinarily when a plaintiff pleads a contract and a controversy concerning the effect of terms of the contract a cause of action for declaratory relief has been stated and a demurrer is inappropriate. However, where the facts relied on by plaintiff do not support a declaration in his favor as a matter of law, demurrer is proper.