Opinion
B157874.
9-18-2003
MODERN DEVELOPMENT COMPANY, Plaintiff and Appellant, v. NAVIGATORS INSURANCE COMPANY, Defendant and Respondent.
ORDER MODIFYING OPINION
THE COURT:
It is ordered that the opinion filed herein on July 31, 2003, be modified as follows:
The third paragraph of the ANALYSIS and footnote 7 on pages 11-12 are deleted in their entirety and replaced with the following text and footnote:
"Our research uncovered no published opinions having factual scenarios similar to the instant appeal. There is however one federal case and several unpublished opinions that bear great factual similarity. (MacAnnan v. General Insurance Co. of America (1997 WL 67694 (9th Cir. (Cal.).) In nearly each instance, the Courts found there was no duty to defend, although the rationales have varied."
In California an unpublished opinion may not be cited or relied upon. (Cal. Rules of Court, rule 977(a); People v. Webster (1991) 54 Cal.3d 411, fn. 4.)"
"
This modification effects no change in the judgment.
COOPER, P.J., RUBIN, J., BOLAND, J.