Great Western Drywall, Inc. v. Interstate Fire & Casualty Co.

Plaintiff Great Western Drywall, Inc. (Great Western), appeals a summary judgment for Interstate Fire & Casualty Company (Interstate), entered after the trial court determined Interstate owed Great Western no defense or indemnification in an underlying action. We disagree with Great Western’s contention the trial court misinterpreted the insurance policy at issue and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Roel Construction Co., Inc. (Roel), was the general contractor on the Renaissance Marina condominium project in San Diego. In April 2001 Roel *1037 and Great Western entered into a subcontract for Great Western to install drywall and perform other work on the project. The subcontract included a type I indemnity agreement, which required Great Western to indemnify Roel “from and against all claims, damages, losses and expenses ... for personal injury, death, property damage or otherwise arising out of or resulting from [Great Western’s] performance,” unless the claim arose from Roel’s sole negligence or willful misconduct. (See Heppler v. J.M. Peters Co. (1999) 73 Cal.App.4th 1265, 1276, fn. 7 [ 87 Cal.Rptr.2d 497 ].)

In September 2003 Great Western…