Can an insurance carrier defend against a plaintiff who alleges fraudulent concealment of injury?
California, United States of America
The following excerpt is from Transport Indemnity Co. v. Aerojet General Corp., 202 Cal.App.3d 1184, 249 Cal.Rptr. 463 (Cal. App. 1988):
I would conclude that under circumstances in which the only alleged potential basis for liability is predicated upon fraudulent concealment of the existence of injury as defined in Labor Code section 3602, subdivision (b)(2), there can be no basis for indemnity or duty to defend by the insurance carrier. ( State Farm v. Drasin, supra, 152 Cal.App.3d at pp. 868, 869, 199 Cal.Rptr. 749.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Does a liability insurance policy promise to defend and indemnify the insured against injury claims? (California, United States of America)
When will an insurance carrier be governed by the time limit counsel for plaintiff in the personal injury action? (California, United States of America)
Can a defendant be found guilty of concealing, concealing or concealing stolen property? (California, United States of America)
Can a plaintiff bring an action under Insurance Code section 790.03 against an insurer for breach of the Insurance Code? (California, United States of America)
(5) Does a plaintiff have to allege that each toxin he takes from a named defendant was manufactured or supplied by that named defendant? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
In an action brought by defendant in a personal injury case against plaintiff, who is seeking to vacate an arbitration award, is defendant's claim that the award has been forfeited? (California, United States of America)
Does an insurer have to defend an insured in a third party action for copyright infringement arising from the display of a copy of a painting in the lobby of a building the insureds owned? (California, United States of America)
