News: JGNH Obtains Writ from Court of Appeal to Set Aside Improperly Granted Summary Adjudication

In an insurance coverage dispute between carriers, JGNH was successful in seeking a Peremptory Writ from the Court of Appeal commanding the Alameda County Trial Court to vacate its order purporting to summarily adjudicate that defendant insurance company was a recalcitrant insurer. The trial court had denied plaintiff’s motion seeking to summarily adjudicate that JGNH’s client had a duty to indemnify its insured. However, the trial court issued an order that defendant insurance company was a recalcitrant insurer, a finding affecting burdens of proof. The Court of Appeal agreed with JGNH that this was improper and issued a Peremptory Writ requiring the court to vacate this order, holding that such an order is improper on a motion for summary adjudication of issues as it did not dispose of a cause of action, claim, defense or duty.