Centex Homes v. St. Paul Fire & Marine Insurance

I

INTRODUCTION

This insurance coverage dispute arises from underlying construction defect litigation in which Corona homeowners have sued the developer, plaintiff and appellant Centex Homes (Centex), for work performed by Centex’s subcontractors. One of the subcontractors, Oak Leaf Landscape, Inc. (Oak Leaf), is insured by defendants and respondents, St. Paul Fire and Marine Insurance Company and St. Paul Mercury Insurance Company (Travelers). Centex is named as an additional insured on the Travelers policy.

Centex appeals from an order and judgment sustaining without leave to amend defendants’ demurrer to the seventh and eighth causes of action of the original complaint filed by Centex. The seventh and eighth causes of action for declaratory relief are about insurance coverage and Centex’s right to independent counsel pursuant to Civil Code section 2860. We agree with the trial court’s ruling that the claims are neither “ripe” nor “actual” and affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

The facts alleged in the complaint are taken as true for purposes of a demurrer. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) We do…