Opinion
No. E074759.
04-12-2021
PLANET BINGO LLC, Plaintiff and Appellant, v. THE BURLINGTON INSURANCE COMPANY, Defendant and Respondent.
[Modification of opinion (62 Cal.App.5th 44; ___ Cal.Rptr.3d ___).]
THE COURT.—The opinion filed in this matter on March 18, 2021 is modified as follows:
1. On page 2, in the second full paragraph [62 Cal.App.5th 47, advance report, 3d par., lines 5-6], the parenthetical "(and Burlington does not dispute)" is deleted and replaced with:
(and, for purposes of the motion for summary judgment, Burlington did not dispute)
2. On page 9, in the second full paragraph [62 Cal.App.5th 51, advance report, last par., line 4], the sentence "Burlington did not dispute this." is deleted and replaced with:
For purposes of the motion for summary judgment, Burlington did not dispute this.
3. On page 18, in the first full paragraph [62 Cal.App.5th 57, advance report, 2d full par., lines 2-4], the two sentences "As we held in the previous appeal, this denial of coverage was improper. There was at least a potential for coverage, depending on whether Planet Bingo was ultimately sued in the United States or Canada." are deleted and replaced with:
As we held in the previous appeal, there was at least a potential for coverage, depending on whether Planet Bingo was ultimately sued in the United States or Canada.
4. On page 18, at the end of (and as part of) the first full paragraph [62 Cal.App.5th 57, advance report, 2d full par., last line], add:
Thus, at this point, Burlington could be liable for bad-faith claims handling, including failure to settle.
[62 Cal.App.5th 873d]
Except for these modifications, the opinion remains unchanged. This modification does not effect a change in the judgment.