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Family appeals summary judgment for Century Indemnity Co. in asbestos exposure case

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Family appeals summary judgment for Century Indemnity Co. in asbestos exposure case

State Court
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In a wrongful death and personal injury complaint, the family of Antonio Perez, Sr. has filed against Century Indemnity Company and Ace Property & Casualty Insurance Company. The complaint was filed by Raquel Perez et al. in the Court of Appeal of the State of California, First Appellate District, Division Two on May 24, 2024.

The case revolves around Antonio Perez, Sr., who succumbed to mesothelioma in 2015 due to workplace exposure to asbestos from brakes sold by Universal Fleet Supply, Inc. to his employer. The plaintiffs initially secured default judgments totaling $41 million against Universal after the insurance companies declined to defend Universal under policy exclusions. They then pursued claims directly against the insurers for bad faith denial of coverage and sought recovery up to policy limits as well as damages for refusal to pay the default judgments.

The trial court granted summary judgment in favor of the insurers on grounds that Universal's suspended corporate status barred it from asserting bad faith claims and that the direct claims were excluded under policy terms. The plaintiffs argued that exposure occurred during unloading of brakes from delivery vans before they entered their employer's possession, but the court held this still fell within vehicle-related exclusions.

The plaintiffs seek judgment for damages up to policy limits and additional costs incurred enforcing these judgments. They argue that Universal’s negligence in packing and delivering asbestos-containing brakes contributed significantly to Perez’s illness and subsequent death.

Representing the plaintiffs are attorneys whose names were not disclosed in the document, while Judge Mayfield presided over the case with Judges Stewart and Miller concurring. The case ID is A167536.

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