A homeowner’s liability insurer does not have duty to defend a lawsuit after the insured intentionally pruned trees on another’s property without permission. The intentional act of hiring a contractor to prune is not an “accident” within the meaning of the policy’s...
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Expanded Insurance Coverage for Additional Insureds (Pulte Home v. American Safety)
In Pulte Home Corporation v. American Safety Indemnity Co. (2017) 14 CA5th 1086 a homeowner sued for latent construction defects. The General Contractor sought a defense under its sub’s general liability policy as an additional insured. The insurer denied coverage...
No Duty to Defend Encroachment Action building fence & trimming Trees (Albert v. Mid-Century Ins. (2015) 236 CA4th 1281
The court in Albert v Mid-Century Ins. Co. (2015) 236 CA4th 1281 held that an insurer did not have a duty to defend the homeowner in a suit for encroachment arising out of the building of a fence and trimming of trees, because the acts were taken intentionally even if...