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Underwriters of Interest v. ProBuilders Specialty Ins. Co.

(California Court of Appeal) – In an action between insurer seeking equitable contribution from defendant for a portion of the defense costs arising out of a construction defects insured under an Commercial General Liability policy, the trial court’s grant of summary judgment is reversed where: 1) the court erred in enforcing the clause in insured’s policy; and 2) other arguments raised by defendant in support of its summary judgment motion on the underwriter’s claim for equitable contribution do not support the judgment.

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