Alkemade v. Quanta Indemnity Co.

OPINION AND ORDER

McSHANE, District Judge:

Plaintiffs Adrianus and Rachelle Alkem-ade bring this breach of contract action against their contractor’s insurers. The insurers argue that based on the known-loss provision of the policies, there was no duty to defend the insured in the underlying action. Because the complaint in the underlying action alleged damages based on continuing or recurring damage from expanding soils, and because there is no question that the insured was aware of such risk long before the policies at issue, *1127there was no duty to defend. Defendant’s motion for summary…