Hollingsworth
Hollingsworth v. JAD Ins. Brokers CA2/8
Opinion
Opinion
Flier, J.
FACTS AND PROCEDURE
1. Allegations of the Complaint The allegations of the operative complaint, the fourth amended complaint, are as follows. On or about August 7, 2007, the Hollingsworths contracted with JCC to perform remodeling and construction work on their home in San Marino. The Hollingsworths asked JCC whether it had liability insurance that “would cover any damages incurred by [the Hollingsworths] or [JCC] by an accident or occurrence during the course of the construction work.” JCC advised the Hollingsworths it had a CGL policy from ProBuilders covering a minimum of $1 million per occurrence.
1 ProBuilders’ demurrer, which the trial court sustained without leave to amend, was the subject a previous nonpublished appeal, Hollingsworth v. ProBuilders Specialty Insurance Company (Oct. 28, 2013, B239118). We affirmed the judgment for ProBuilders in that appeal and held ProBuilders had no duty to defend or indemnify JCC because the damages claimed by the Hollingworths fell within exclusions in the policy.
2 JCC commenced the remodeling project in August 2007 and was supposed to complete it in six months. Almost immediately after work commenced, problems developed.…