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EARTH ELEMENTS, INC. v. NATIONAL AM. INS. CO.

Docket No. G015069.

41 Cal.App.4th 110 (1995)

48 Cal. Rptr.2d 399

EARTH ELEMENTS, INC., et al., Plaintiffs and Appellants, v. NATIONAL AMERICAN INSURANCE COMPANY OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

December 18, 1995.

Attorney(s) appearing for the Case

COUNSEL

Cripe & Graham, Gary E. Cripe and Ai Woodward for Plaintiffs and Appellants.

Gray, York, Duffy, Rattet & Mavridis, John J. Duffy and James B. Sanborn for Defendant and Respondent.

OPINION

RYLAARSDAM, J.

An insurer failed to provide a defense to its insured for a potentially covered claim. The insured then settled the suit by agreeing to dismiss a counterclaim in exchange for a dismissal of the original suit. This case raises the issue of whether the loss of a chose in action is a contractual loss under the policy issued to the insured. The trial court entered judgment for defendant. We reverse.

STATEMENT...

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