Terry Liu

The plaintiffs, having successfully obtained summary judgment against the defendant insurer for coverage, sought full indemnity costs.

The court granted full indemnity costs, finding that insurance companies wrongfully denying coverage should fully compensate successful parties for enforcing that coverage, citing the unique nature of insurance contracts.

The court also found the hourly rates of plaintiffs' counsel to be reasonable and awarded $72,000 in costs.

The plaintiffs, a minor and his litigation guardian, sought summary judgment against the defendant insurer to enforce a prior jury award for negligence against the minor's father, who was insured by the defendant.

The insurer denied coverage, arguing the negligence did not arise from the use or operation of a motor vehicle and brought a cross-motion for summary judgment.

The court found the jury's particularization of negligence (unsafe unloading area) established a clear nexus between the father's use of the vehicle and the child's injuries, distinguishing it from cases of mere incidental use.

The court granted summary judgment to the plaintiffs, holding the insurer liable for damages and costs.