Presley Homes, Inc. v. American States Insurance

Plaintiff Presley Homes, Inc., sued defendant American States Insurance Company seeking damages, plus declaratory and in-junctive relief. Defendant cross-complained against plaintiff for declaratory relief. The action involves a dispute over the extent of defendant’s obligation under the additional insured endorsements of two insurance policies to provide plaintiff with a defense in a third party’s construction defects lawsuit.

Each party moved for summary adjudication of issues. Plaintiff requested a finding that defendant “had a duty ... to provide [plaintiff] with a full and complete (100%) defense of all claims, covered and noncovered, arising out the [third party] action . . . .” Defendant sought a finding the complaint lacked merit, in part, because plaintiff was “not entitled to a ‘full and complete defense’ under the [policies’] additional insured endorsements.” The trial court denied plaintiff’s motion, granted defendant’s motion, and directed a judgment be entered for defendant on each of plaintiff’s causes of action. Shortly after the court issued its ruling, defendant dismissed the cross-complaint.

Plaintiff appealed from the trial court’s order. At our…