Pacific Building Development v. Kensington-Fair Oaks Assocs. Joint Venture CA6

Background The facts underlying this post-trial dispute are summarized in H038482 and need not be repeated in detail. In brief, Kensington and Pacific were engaged in litigation arising from the work performed by Pacific on Kensington’s apartment complex. Both Pacific and one of its subcontractors, Rojas Construction and its principal, Rudy Rojas (collectively, Rojas), were insured by Lincoln. Lincoln covered Pacific in two successive primary policies, covering the period between June 11, 2004 and June 11, 2005 (the 04-05 policy) and the period between June 11, 2005 and June 11, 2006 (the 05-06 policy). The policies issued to Rojas were effective from January 22, 2005 to January 22, 2006, and from January 22, 2006 to January 22, 2007, each policy covering liability for property damage up to $500,000 for any one occurrence. After Pacific’s corporate status was suspended, Kensington and Lincoln settled the dispute, which included Pacific’s suit against Kensington for unpaid amounts, Kensington’s suit against Pacific for defective work, Pacific’s cross-claims against various subcontractors (including Rojas), and Lincoln’s complaint in intervention. Topa’s remaining complaint in…