Certain Underwriters at Lloyds, London v. E*Trade Group
Appellant previously sued Respondent, its insurer, to determine coverage obligations for underlying commercial litigation in which appellant was a party. The coverage litigation was resolved by settlement agreement. In this case the insurer has sued, alleging breach of that settlement agreement by appellant, and including a claim for fraud in connection with the breach. The insured brought a special motion to strike the fraud claim as a SLAPP action pursuant to Code of Civil Procedure section 425.16. The trial court denied the motion.Court affirm concluding, as did the trial court, that the fraudulent conduct alleged does not qualify as protected activity within the meaning of the anti-SLAPP statute.
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