Borg v. Transamerica Insurance

Opinion

McGUINESS, J. *

George Borg appeals from an adverse judgment in his action against respondent Transamerica Insurance Company for breach of a duty to defend under the terms of a comprehensive general liability policy. The action arises out of Transamerica’s denial of Borg’s tender of the defense of a third party lawsuit, alleging damages on account of a structural encroachment from real property belonging to Borg over adjoining real property belonging to the third party. Borg contends the trial court erred in determining that Transamerica had no duty to defend the lawsuit because the…