Jamestown Builders, Inc. v. General Star Indemnity Co.

Opinion

CROSBY, Acting P. J.

—Here we apply a no-voluntary-payments provision to preclude insurance coverage for repair expenses voluntarily incurred by a home developer. The developer neither notified the insurer nor sought its consent before presenting it with the fait accompli of completed settlements. Because there was no antecedent breach of any duty to defend and because this is not a late notice claim involving an ongoing lawsuit, the rule requiring a showing of prejudice does not apply.

I

Plaintiffs Jamestown Builders, Inc., and A-M Homes (collectively Jamestown) developed the 300-home…