Monterey Homes Arizona, Inc. v. Federated Mutual Insurance

OPINION

NORRIS, Judge.

¶ 1 This appeal arises out of third-party construction defect indemnity and breach claims filed by defendants/appellees Monte-rey Homes Arizona, Inc., and Monterey Homes Construction, Inc. (collectively “Mon- terey”), against one of their trade subcontractors, BBP Concrete Company, Inc. (“BBP”). BBP tendered its defense against Monterey’s claims to its insurer, applicant for intervenor/appellant Federated Mutual Insurance Company (“Federated”). Federated defended BBP under a reservation of rights and began to, and did, pay for its defense. Ultimately, without Federated’s…