Mcmillin Homes Constr., Inc. v. Nat'l Fire & Marine Ins. Co.
California Court of Appeal, 5th District
1Opinion of the CourtDato, J.
*1046A general contractor was covered as an additional insured on a commercial general liability (CGL) policy issued to its roofing subcontractor. The insurer refused to defend the general contractor after it was sued by homeowners for construction defects concerning roofing, prompting this lawsuit. After a bench trial, the trial court concluded the insurer owed no duty to defend. It believed the exclusion in the additional insured endorsement for damage to "property in the care, custody or control of the additional insured" precluded any duty to defend the general contractor in construction…
2Cases cited30 opinions
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Montrose Chemical Corp. v. Superior CourtCalifornia Supreme Court · 1993
- Montrose Chemical Corp. v. Admiral InsuranceCalifornia Supreme Court · 1995
- E.M.M.I. Inc. v. Zurich American InsuranceCalifornia Supreme Court · 2004
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