Mcmillin Homes Constr., Inc. v. Nat'l Fire & Marine Ins. Co.

*1046 A general contractor was covered as an additional insured on a commercial general liability (CGL) policy issued to its roofing subcontractor. The insurer refused to defend the general contractor after it was sued by homeowners for construction defects concerning roofing, prompting this lawsuit. After a bench trial, the trial court concluded the insurer owed no duty to defend. It believed the exclusion in the additional insured endorsement for damage to "property in the care, custody or control of the additional insured" precluded any duty to defend the general contractor in construction defect litigation.

*1047 The general contractor disputes the insurer's interpretation of the policy and asserts there was a duty to defend. We agree and reverse the judgment. 1 As judicially construed, the care, custody, or control exclusion requires exclusive or complete control. ( Home Indem. Co. v. Leo L. Davis, Inc. (1978) 79 Cal.App.3d 863 , 872, 145 Cal.Rptr. 158 ( Davis ).) The facts indicate only shared control between the general contractor and its roofing subcontractor. Because the insurer did not prove coverage for the underlying construction defect litigation was impossible, it…