CAL. PAC. HOMES, INC. v. Scottsdale Ins. Co.

Good Law
70 Cal. App. 4th 1187·83 Cal. Rptr. 2d 328
Court of Appeal of CaliforniaMarch 25, 1999AO81340California2,997 words

Opinion

Opinion

POCHÉ, Acting P.J.

Defendants Scottsdale Insurance Company and National Casualty Company appeal from a judgment entered in favor of plaintiff California Pacific Homes, Inc. on its motion for summary adjudication as to certain claims it made against the two insurers in an action seeking declaratory relief.

From 1983 to 1986 California Pacific Homes (CPH) constructed and sold condominiums in a project called Madrid. On December 12, 1994, CPH was named as a defendant in a lawsuit brought by homeowners of the Madrid Condominium Association which sought damages for construction defects in the Madrid Project. That lawsuit, denominated Madrid II by the parties, was settled in 1996 with an agreement by CPH to pay a total of $1,975,000 to the homeowner's association. It is undisputed by the parties that the claims against CPH in the Madrid II lawsuit "arose from a single occurrence involving continuous or progressively deteriorating property damage taking place during the entirety of the period from at least 1984 to June 1, 1995." The parties also stipulated for the purpose of "this lawsuit only" that there is coverage under appellants' policies for Madrid II.

Scottsdale and National…

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