Insua

Ivan Insua doing business as Ivan Insua Construction Company (appellant) appeals from the judgment entered against him and in favor of Scottsdale Insurance Company (respondent), following a court trial on appellant’s complaint for, among other things, breach of contract arising out of respondent’s refusal to indemnify appellant for costs he incurred defending a lawsuit. Appellant contends the trial court’s ruling was erroneous as a matter of law for the following reasons: (1) California Insurance Code section 554 precludes respondent from objecting to appellant’s belated tender of the claim; (2) respondent’s unequivocal denial of coverage under the policy bars it from invoking a no-voluntary-payments provision as a defense; and (3) under an “as soon as practicable” provision, respondent was required to establish it was prejudiced by appellant’s late tender. After review, we affirm the judgment.

Factual and Procedural Background

Appellant is an architect and licensed general contractor. He was insured by respondent under a comprehensive commercial general liability policy from September 30, 1994, through September 30, 1995 (the policy). In pertinent part, section IV,…