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Aegis Property Management Raleigh Nc – (Deliberate Grading and Write-off of Property Mistakenly Believed to Be Non-Perilous Under Liability Policy)
. ) in finding that Aegis was not obligated to defend Ghukasian in a lawsuit filed by a neighboring property owner for damage to the owner’s property due to Ghukasian’s willful arrangement and removal of the property. Ghukasian thought he owned the cleared property. However, this property belonged to the next-door neighbor.
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Ghukasian purchased a homeowner’s policy from Aegis for the period June 13, 2018 to June 13, 2019. In August 2018, he hired contractors to grade land and remove trees from what he understood to be part of his property. Such land was not Ghukasian’s. Rather, it was Ghukasian’s neighbors, Vrej and George Aintablian (“neighbors”). In February 2019, the neighbors filed a complaint against Ghukasian alleging negligence and trespassing regarding the clearing of their property by Ghukasian. Ghukasian placed the defense of the neighbor’s action on Aegis. In turn, Aegis denied such a tender based on the conclusion that the complaint did not state facts involving a potential “event” on the part of Ghukasian. Aegis advised that the clearing of the neighbor’s property was intentional and therefore did not constitute an “accident” as that term is used in the definition of “occurrence” in the Aegis policy. Thereafter, Ghukasian filed a complaint for breach of contract, injunctive relief, and bad faith against Aegis. In response, Aegis filed a motion for summary judgment, arguing that the neighbor’s complaint did not allege facts constituting a potential “occurrence” as defined in Aegis’ policy. The trial court agreed with Aegis and entered judgment against Ghukasian.
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The policy provides coverage if “a claim is brought by Ghukasian for damages due to . . . property damage caused by an incident where this includes.” “Occurrence” is further defined as “an accident, including continuous or repeated exposure to the same injurious common conditions, resulting during the policy period in . . . [p] damage to the house.”
, the complaint in the underlying action alleges intentional tortious conduct by Ghukasian. The leveling of the land and the felling of the trees were not unexpected or unexpected events. (See
) danger. . . never exists when the insured commits an intentional act unless some additional, unexpected, independent, and unforeseeable event occurs that causes the loss.”]; see again
(2009) 47 Cal.4th 302, 308 (97 Cal. Rptr. 3d 298. 211 P.3d 1083) In the context of liability insurance, an accident is “an unexpected, unforeseeable, unplanned event or result from a known or unknown cause.” On the contrary, there is no doubt that Ghukasian directly instructed his contractor to measure some land and cut trees, which is exactly what was done. Ghukasian’s mistaken belief about the boundaries of his property is irrelevant to determining whether the conduct of measuring the land and cutting down the trees was intentional. (See
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(2018) 5 Cal.5th 216 required the trial court to find that the neighbor’s complaint alleges a possible “incident” based on the cause of action of the negligent act alleged in the complaint. The Court of Appeal stated:
, United States Court of Appeals for. The Ninth Circuit has upheld the following question in the California Supreme Court: “When a third party sues an employer for negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the lawsuit constitute an ‘occurrence’ under the employer’s general liability policy?” (
In summarizing the meaning of the term “risk” in liability insurance, the Liberty Surplus court began by stating that ‘[t]he term “risk” is broader than the term “negligence” and thus includes negligence. [Citation].”’ (
5 Kal.5 p. 221.) Because the sequence of events that led to the alleged injury began with the employer’s negligence in hiring the employee,
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Of p. 225.) It explained that an employee’s harassment by a third party “may be considered the unintended consequence of [the employer’s] tortious acts that are independently negligent.” (
Of p. 229.) In contrast, here Ghukasian’s intentional conduct (leveling the ground and cutting trees) was the proximate cause of the injury; no additional, independent action produced damage.
It does not contain language that purports to negate the prior statute holding that intentional acts are not “accidents” simply because the insured did not intend to cause the injury. Instead, it quoted
’ definition of what constitutes a peril, that is, there is no peril when the insured commits a willful act ‘“unless something additional, unexpected, independent, and unforeseeable occurs which causes the damage.”’ (
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We also reject Ghukasian’s contention that because the underlying action gives rise to a cause of action in negligence, the complaint is an “incident” under
. “The scope of the duty [of protection] does not depend on the labels given to the causes of action . . . ; rather, it depends on whether the alleged facts or extraneous facts indicate whether the claim is likely to be covered by the policy.” (
(2002) 98 Cal.App.4th 1141, 1148 [120 Cal. Rptr. 2d 162].) It is undisputed that both the tort and negligence causes of action alleged the same facts: Ghukasian and his contractor entered a neighbor’s property without permission and made deep cuts in the hillside and removed logs, trees, and underwood. property. There are no allegations or evidence that the neighbor’s property was damaged by accident (eg, by accidentally dropping equipment on the neighbor’s property). Thus, while the underlying cause of action is negligent, factual allegations indicate intentional acts.
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The Bulletin: Summer 2021 By Gilman School
HCP Reports 2019 Quarterly Results IRVINE, CA, July 31, 2019– HCP, Inc. (NYSE: HCP) today announced results for the first quarter ended June 30, 2019. For the quarter, HCP generated a net loss of $0.03 per share. , NAREIT FFO of $0.41 per share, adjusted FFO of $0.44 per share and consolidated Total Portfolio SPP Cash NOI growth of 3.5%. OND QUARTER 2019 FINANCIAL PERFORMANCE AND LATEST HIGHLIGHTS – Closed on $842 million in acquisitions in the first quarter, including $803 million in previously announced • $245 million previously announced acquisition of Sierra Point Towers in South San Francisco • $445 million in previously announced asset acquisitions . senior housing properties operated by Discovery Senior Living (“Discovery”) • $113 million in previously announced acquisitions of three senior housing developments operated by Oakmont Senior Living (“Oakmont”) • $24 million in various other senior housing acquisitions • $15 million in office building acquisitions medical campus in Overland Park, Kansas (Kansas City MSA) – Closed on $528 million acquisition recently announced in July 2019 • $228 million life sciences campus in Lexington, Massachusetts • $284 million portfolio of five recent -build properties of senior housing in California operated by Oakmont • $16 million to build on an existing HCP life sciences campus in the Sorrento Mesa submarket in San Diego, California – Entered into an agreement to sell our direct financing interests in 13 non-primary properties $274 million – Phase III Delivered for The Cove in South San Francisco, representing 324,000 square feet of 100% leased Class A life science space – Added on-campus medical office development for approximately $ -$12 in our development plan with HCA Healthcare (“HCA”) – Renewed a master lease with Aegis Living (“Aegis”) where the existing rent will increase by 3% per year until 2030 – Amended our lease agreements with -Harbor Retirement Associates (“HRA”) to create an 8-property master lease that matures. by 2028 – Completed previously announced conversion of 15 additional apartment buildings operated by Sunrise Senior Living (“Sunrise”) from triple occupancy to RIDEA properties – Issued $1.3 billion in unused notes – Enhanced credit facility reached $2.5 billion and established a $250 million credit facility – Sold 15.7 million shares of common stock under our ATM equity offering program for proceeds of approximately $496 million – Increased 2019 FFO as dividend is adjusted each two cents at midpoint and 2019 combined Total Portfolio SPP Cash NOI guidance 50 basis points at midpoint – Named
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