Downey Venture v. LMI Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that underlying claim’s “lack[ of] legal tenability ... without more, would not ... permit the inference [of malice]” and requiring that “the presence of malice ... be established by other, additional evidence”
• concluding that § 533 bars indemnification for a malicious prosecution judgment
• insurance company required to defend insured against malicious prosecution charge even though insurer could not indemnify insured for resulting damages
• “A liability insurance policy issued on a nationwide basis may be construed in accordance with the law of the jurisdiction in which a particular claim arises.”
• “Thus, both estoppel and promissory fraud require proof that the party asserting the fraud or the estoppel justifiably relied on a promise or conduct by the party against whom the fraud or estoppel is asserted” (emphasis original)
• discussing Clemmer and subsequent cases

Source: CourtListener parenthetical corpus (CC0).