Date: 12-06-2024

Case Style:

Toiah Gordon v. Continental Casualty Company

Case Number: 21STCV38762

Judge: Robert S. Draper

Court: Superior Court, Los Angeles County, California

Plaintiff's Attorney:

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Defendant's Attorney: Steven M. Crane and Barbara S. Hodous

Description:

Los Angeles, California insurance law lawyers represented the Plaintiff who sought a declaratory judgment interpreting an insurance policy.

The Gordon plaintiffs, Shen, and Xin sued Continental for breach of contract and related claims. Continental moved for summary judgment on the basis subsections (a) and (b) of the abuse or molestation exclusion in the insurance policy applied, and the trial court granted the motion. Subsection (a) of the exclusion states the policy does not apply to bodily or personal injury "arising out of" the "actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured." Subsection (b) excludes bodily or personal injury arising out of, inter alia, the negligent employment or supervision "of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above."

Outcome: Motion granted.

Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments: