Poonam Dua V. Stillwater Insurance Company

(Insurer Obligated to Defend Lawsuit Based on Frivolous Legal Theory, Notwithstanding That Indemnity Coverage Likely Not Provided by Homeowner's Policy)

(June 2023) - In Dua v. Stillwater Ins. Co., 91 Cal.App.5th 127 (May 5, 2023), the California Second District Court of Appeal reversed the trial court's entry of summary judgment in favor of Stillwater Insurance Company ("Stillwater") based on "animal liability" exclusions and found that Stillwater was obligated to defend the insured, Poonam Dua ("Dua"), against an underlying lawsuit alleging damages sustained as a result of pit bull dogs attacking the plaintiff's dogs. The dispute arose out of an underlying lawsuit alleging that Dua had a duty to prevent her boyfriend's dogs from attacking the plaintiff's dogs. The underlying complaint alleged that the attack occurred on a public street while the insured's boyfriend was walking the dogs. Dua was not present when the attack occurred. Dua tendered the defense of