What are the implications of the trial court's analysis of the carriers' liability in a motor vehicle accident insurance claim?

California, United States of America


The following excerpt is from Employers Reinsurance Corp. v. Phoenix Ins. Co., 186 Cal.App.3d 545, 230 Cal.Rptr. 792 (Cal. App. 1986):

In this appeal, National challenges the approach taken by the trial court in its analysis of the carriers' liability. It maintains that the trial court committed reversible error by interpreting the insurance policies as "a matter of law," without regard to evidence of the intent of the parties to the insurance contracts. It further claims that the trial court's holding is not in keeping with that in Chamberlin v. Smith (1977) 72 Cal.App.3d 835, 140 Cal.Rptr. 493.

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