Capsco Industries, Inc. v. Ground Control, LLC
(United States Fifth Circuit) – Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.
Category Archives: Civil Procedure
McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.
(California Court of Appeal) – Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision…
Fidelity and Deposit Co. v. Edward E. Gillen Co.
(United States Seventh Circuit) – Held that a construction company’s surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet — equitable protection from probable future harm. The construction company allegedly had gone belly up on a…
Centex Homes v. R-Help Construction Co., Inc.
(California Court of Appeal) – Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.
Navigators Specialty Ins. Co. v. Moorefield Constr., Inc.
(California Court of Appeal) – In an action seeking a declaration that plaintiff had no duty under commercial general liability insurance policies to defend or indemnify a general contractor, the trial court judgment is: 1) affirmed where the failure at issue was not a covered…
Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA
(California Court of Appeal) – In a complex insurance coverage action involving multiple primary and excess insurers and policies, arising out of an injury that a worker sustained during a construction project, the trial court’s judgment is affirmed where it did not err when it…
Tidwell Enterprises v. Financial Pacific Ins. Co.
(California Court of Appeal) – In an insurance coverage action, arising out of a suit brought by a homeowner’s insurer against a contractor who installed a fireplace that caused a fire which destroyed the home, the trial court’s grant of summary judgment that contractor’s insurer…
Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co.
(California Court of Appeal) – In an dispute between two insurers that shared “indemnification” costs (but not “defense” costs) to settle claims made against mutual insureds in underlying construction defect litigation brought by third parties, the trial court’s grant of defendant’s motion for summary judgment…
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:…
First American Title Ins. Co. v. Spanish Inn
(California Court of Appeal) – In an project developer-plaintiff’s appeal in litigation over the renovation of a hotel property in Palm Springs, the trial court’s grant of summary adjudication in favor the title insurer, which sought contractual indemnity from the developers for legal expenses incurred…