Procedural Posture 11

Procedural Posture
Plaintiff insurer appealed a judgment from the Superior Court, Los Angeles County (California), which granted defendant security agency's motion for summary judgment against plaintiff's suit seeking damages plaintiff sustained in compensating an insured for losses caused by burglaries to the insured's warehouses.

Overview
Plaintiff insurer, along with the insured, sued defendant security agency for losses plaintiff insurer sustained in having to compensate the insured for burglaries of the insured's warehouses. Subsequent to an order granting defendant's motion for summary judgment, plaintiff insurer argued that the trial court erred in failing to allow plaintiff insurer to be subrogated to the rights of plaintiff insured on a cause of action for fraud and deceit. Brandishing a Weapon or Firearm in the presence of someone else simply means there was another person present when you exhibited your deadly weapon. Additionally, plaintiff insurer contended that the trial court erred in denying plaintiff insurer's motion to amend the complaint to state a claim for gross negligence. The court first followed prior case law in holding that plaintiff insurer was not entitled to subrogation because it had no contractual right to subrogation under the circumstances and that plaintiff insured was a party in the action against defendant. The court then held that, with the adoption of the doctrine of comparative negligence in the state, there was no reason to categorize gross negligence differently from ordinary negligence. Thus, the court affirmed the trial court's judgment.

Outcome
The court affirmed the order granting defendant security agency's motion for summary judgment because plaintiff insurer was not entitled to subrogation of a claim against defendant for damages sustained in compensating an insured for losses.