Jafari v. EMC Ins.
Davar Jafari doing business as Glendora Tire & Brake Center appeals from the judgment entered after the court granted summary judgment in favor of defendants EMC Insurance Companies and Employers Mutual Casualty Company. Defendants provided insurance to Jafari under a commercial auto (garage keepers) policy (the Policy), which provided coverage for bodily injury caused by an accident and insured against loss and damages resulting from the operation of Jafaris business. The superior court granted summary judgment on the basis the Policy did not cover the type of claim asserted against the insured, i.e., a customer sued the insured for, among other things, assault and battery by the insureds business manager in an altercation on the insureds business premises. In a published opinion, this court concluded the trial court erred in finding the insurer had no duty to defend as facts extrinsic to the complaint indicating the business manager acted in self-defense raised the possibility of coverage under the Policy, reasoning acts committed in self-defense might be deemed an accident because of the unexpectedness of the third partys actions. The California Supreme Court granted defendants petition for review and subsequently transferred the matter back to this court with directions to vacate our decision and reconsider the cause in light of Delgado v. Interinsurance Exchange of Automobile Club of Southern California (2009) 47 Cal.4th 302. Court affirm.
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