Cimarusti v. Transcontinental Ins. Co.
In a previous lawsuit Douglas Brown and Chester Linder obtained an $8 million personal injury judgment against Rocco Cimarusti for injuries they sustained in an accident caused by Cimarustis driving his dune buggy while drunk. When Cimarustis employers insurance company, Transcontinental, refused to pay the judgment, Cimarusti, Brown and Linder joined in bringing this action against Transcontinental alleging breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court granted Transcontinentals motion for summary judgment. The issue on appeal is whether there is a triable issue of fact that the accident was covered under the companys commercial general liability policy. Court find no triable issue of fact and affirm the judgment.
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