Emerald Bay Community Assn v. Golden Eagle Ins Corp

In Emerald Bay Community Assn. v. Golden Eagle Ins. Corp. (2005) 130 Cal.App.4th 1078, an insured sued Golden Eagle Insurance Corporation for breach of the duties to defend and to indemnify under a policy of commercial general liability insurance. (Emerald Bay, supra, 130 Cal.App.4th at pp. 1082-1083.) Although Golden Eagle had refused to defend or indemnify the insured in the underlying action at a certain point in time, Federal Insurance Company, another of the insured's insurers, provided a complete defense (and indemnification) at all times. (Id. at pp. 1083-1084.) The trial court granted summary judgment in favor of Golden Eagle--and the Court of Appeal affirmed--on the ground that, since Federal had provided a complete defense at all times, the insured " 'suffered no cognizable damages' " in its claims both for breach of contract and for breach of the implied covenant of good faith and fair dealing. (Id. at pp. 1087-1096.) The insured did not suffer any damages because the participating insurers paid the insured's entire costs of defense as they were incurred. The court concluded, "Where one insurer fully protects the insured by providing a defense and full coverage for a claim, a second insurer's refusal to defend generally cannot support a tort action for breach of the covenant of good faith and fair dealing because the latter's conduct will not enhance the insured's cost of defending itself or its exposure to liability." (Emerald Bay, supra, 130 Cal.App.4th at p. 1093.) In affirming a judgment in favor of the defendant insurer, the Emerald Bay court asserted, "The record establishes plaintiff was fully protected from both the expense of litigation and the exposure to liability in the underlying lawsuit." (Id. at p. 1094)