Eichler Homes, Inc. v. Underwriters at Lloyd's, London

Respondent, Eichler Homes, Inc., a corporation, brought this action against Underwriters at Lloyd’s, London, seeking a determination of respondent’s rights under various certificates of insurance issued by the underwriters. The trial court entered judgment declaring that the underwriters were obligated to defend certain actions brought by third parties against respondent, and were further liable for attorney’s fees, court costs and expenses incurred by respondent because of failure to accept defense of the claims made against respondent. The principal issue on appeal is whether the trial court was correct in its conclusion that appellant was obligated to defend the suits brought by third parties. Appellant also contends that respondent failed to comply with the notice provisions of the policy. Prom our review of the record and the applicable law we conclude that the judgment of the trial court was correct and must be affirmed.

Respondent is in the business of building and selling homes. It procured several certificates of insurance from appellant. The scope of coverage of all the certificates was identical. They provided: “1. Coverage. Prom and against all loss which the Assured…