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Travelers Insurance v. Lesher

Citations: 187 Cal. App. 3d 169; 231 Cal. Rptr. 791; 1986 Cal. App. LEXIS 2244Docket: A019434

Court: California Court of Appeal; November 24, 1986; California; State Appellate Court

Narrative Opinion Summary

In this complex insurance dispute, the jury awarded substantial compensatory damages to a newspaper industry participant (Lesher) after finding that Travelers Insurance Company mishandled the defense of antitrust lawsuits under a reservation of rights. Despite the court's ruling that Travelers had no duty to defend or indemnify under the insurance policy, the jury determined that Travelers breached the implied covenant of good faith and fair dealing, resulting in a compensatory award. However, the punitive damages initially awarded were reversed due to insufficient evidence of malicious conduct. Lesher's cross-complaint included claims of negligent misrepresentation and breach of contract, arguing the policy's exclusion clauses were ambiguous and that Travelers failed in its defense obligations. The court upheld the compensatory damages as supported by evidence but dismissed Travelers' reimbursement claim for defense costs, finding the reservation of rights letter inadequate for such a claim. Ultimately, the judgment affirmed most of the trial court's decisions, with costs borne by each party individually. The punitive damages were reversed, emphasizing the need for substantial evidence of malice or conscious disregard in bad faith claims.

Legal Issues Addressed

Ambiguity in Insurance Policy Exclusions

Application: Lesher contended that the policy exclusion relied upon by the trial court was ambiguous. However, the court held that the exclusion was clear and conspicuous, rendering it enforceable.

Reasoning: Legal principles dictate that ambiguities in insurance policies are resolved against insurers, and exclusionary clauses must be clear and conspicuous to be enforceable.

Duty to Defend under Insurance Policy

Application: The court concluded that Travelers Insurance Company had no duty to defend or indemnify Lesher based on the policy terms, yet once it undertook the defense, it was obligated to act in good faith.

Reasoning: Although the court concluded that Travelers had no duty to defend or indemnify Lesher based on the insurance policy terms, it upheld the compensatory damages as supported by sufficient evidence.

Implied Covenant of Good Faith and Fair Dealing

Application: The jury found that Travelers breached its duty of good faith in handling Lesher's defense, resulting in compensatory damages awarded to Lesher.

Reasoning: The jury found that Travelers breached its duty of good faith in handling Lesher's defense and violated California Insurance Code section 790.03.

Punitive Damages in Bad Faith Insurance Cases

Application: The punitive damages award was reversed due to a lack of substantial evidence of malice or conscious disregard by Travelers.

Reasoning: However, the punitive damages award was deemed unsupported by substantial evidence and was reversed.

Reimbursement for Defense Costs under Reservation of Rights

Application: Travelers' claim for reimbursement of defense costs was dismissed, as the reservation of rights letter was insufficient to establish a reimbursement entitlement.

Reasoning: The trial court ruled in favor of Travelers regarding its lack of duty to defend or indemnify, but allowed a trial for Travelers’ claim for reimbursement of defense costs.