Wilshire Insurance v. RJT Construction, LLC

PATRICK E. HIGGINBOTHAM, Circuit Judge:

RJT Construction LLC, the insured, appeals the district court’s summary judgment in favor of Wilshire Insurance Co., the insurer, in Wilshire’s action seeking a declaratory judgment that it had no duty to defend.

I

Wilshire insured RJT under two consecutive commercial general liability policies running from June 2004 through June 2006. In 1999, RJT repaired the foundation of the home of William Ashbaugh after the home was damaged by an accidental discharge of plumbing water. RJT was hired to “raise[], level[], and stabilize] the foundation of the residence…