The Travelers Indemnity Co. v. Navigators Specialty Ins. Co.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In the instant action, Travelers seeks to recover from other insurance carriers some or all of the amounts it paid to defend TF McGuckin, Inc., (TFM) in an underlying construction defect litigation. A. The Underlying Construction Defect Action and Travelers’ Agreement to Provide a Defense to TFM Subject to a Reservation of Rights As alleged by Travelers,1 the underlying construction defect litigation was filed on December 15, 2010, in a complaint entitled Corvin Business Center Owners’ Association, et al. v. Corvin Commercial Condominiums, LLC, et al., Santa Clara County Superior Court, Case No. 110CV189732 (the construction defect action). TFM was allegedly the “general

As this appeal is from an order sustaining demurrers, we necessarily base our factual recitation on the facts as they are alleged in Travelers’ operative third amended complaint, along with any documents subject to judicial notice.

2 contractor/developer” of a condominium construction project that contained construction defects. Travelers alleges that, as part of the condominium construction project, TFM entered into agreements with subcontractors. Among those…