McMillin Companies, LLC v. American Safety Indemnity Co.

— The parties cross-appeal from a final judgment of the superior court in an insurance coverage dispute between a general contractor (and, according to the general contractor, its related entities) and the commercial general liability insurer of one of its subcontractors. We will dismiss the appeal as to all parties other than the general contractor, McMillin Construction Services, L.P., doing business as McMillin Homes, a Corky McMillin Company (McMillin) and the insurer, American Safety Indemnity Company (ASIC) and will reverse the judgment and remand for further proceedings.

I.

MOTIONS IN THE CROSS-APPEALS

II.

ISSUES IN THE CROSS-APPEALS

A. The Entities

McMillin was the general contractor and B&B Framing, Inc. (B&B), was the framing subcontractor in a series of construction contracts related to various residential real estate development projects in Temecula, Riverside County, California.

ASIC is a nonadmitted insurance company that issued two policies of commercial general liability insurance to B&B: policy No. XGI 02-2922-001, covering the time period January 18, 2002, to January 18, 2003, and policy No. XGI 03-2922-002, covering the time period January 18,…