On May 21, 2018, in an unpublished memorandum opinion, Office Depot, Inc. v. AIG Specialty Ins., Co., FKA American International Specialty Lines Ins. Co., — Fed.Appx. —-, 2018 WL 2296036, the Ninth Circuit reversed a trial court’s grant of summary judgment to an insurer on both the duty to defend and the duty to indemnify a suit brought under California False Claims Act (“CFCA”), Cal. Gov’t. Code § 12650 (“CFCA”). The Court held that California Insurance Code Section 533 did not preclude insurance coverage of CFCA claims as a matter of law.
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