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: California Appellate ReportFerguson v. Coregis Ins. Co. (9th Cir. - June 3, 2008)
By Shaun Martin
The case involves insurance coverage, and the question revolves around the appropriate coverage amount. The policyholder says it's $2,000,000, the amount listed on the declarations page. The insurance company says it's $500,000 pursuant to a particular clause that says that, for certain claims, the amount listed on the declarations page is replaced by the "limit of liability per the amount indicated by the Idaho Code § 6-924," which in turn provides that the minimum (but not maximum) amount of coverage is $500,000.
The Ninth Circuit holds that the insurance company's position is erroneous because Section 6-924 doesn't establish a "limit of liability" at all, since it contains no limits, only minimum coverage. Hence the attempt to establish an alternative limit doesn't work.
Here's the random line. And I think it's a great one:
"Section 6-924 simply does not contain any limit of liability any more than would a contract to price season tickets 'per the amount indicated' for Los Angeles?s professional football team."
Psyche! Because, of course, L.A. doesn't have a football team anymore. Which is an awesome -- and totally parenthetical -- slam on the City of Angels.
It's also, I might add, a huge insult -- albeit assuredly unintended -- on the Los Angeles Avengers (and their players!), who are in the Arena Football League and assuredly consider themselves a "professional football team" in Los Angeles.
I'm sure the panel meant by "professional" to mean "NFL". Which was a drafting (or knowledge) error that was particularly funny since the panel held against the insurance company here based upon unclear language (even though, from reading the exclusion, I knew exactly what the insurance company was trying to do) and yet then used unclear and/or erroneous language itself.
Regardless, I loved the "where'd that come from" analogy to the absence of the Rams, Raiders, or any other NFL team in the Second Largest City in America. I wish I knew which judge wrote the per curiam opinion in this one. Because I love the gratutious football reference. Love it.
Full post as published by California Appellate Report on June 03, 2008 (boomark / email).
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