Fid. & Deposit Co. of Md. v. Charter Oak Fire Ins. Co.

Appellant, Fidelity & Deposit Company of Maryland (F&D), seeks contribution and indemnity from three insurance companies, including respondent, Charter Oak Fire Insurance Company (Charter Oak), for money F&D paid in the defense and indemnity of Western Savings & Loan Association (WSLA) entities in the underlying action. The trial court granted Charter Oak’s motion for summary judgment. We affirm.

Factual and Procedural Summary

The Mountain Meadows Patio/Terrace project is a 172-unit townhome development in Pomona, California. According to respondent, WSLA purchased the project in 1984, and the homes were built between 1985 and 1990. The underlying action was brought by Mountain Meadows Patio/ Terrace Maintenance Association against several defendants, including Western Property Service Corporation and WSLA doing business as WSLA Development Corporation of California. The complaint alleged five causes of action arising from construction defects in the townhomes: negligence, breach of implied and express warranties, negligent misrepresentation, strict product liability, and negligence per se. Four insurance companies, including appellant, defended the action. These…