Pardee Construction Co. v. Allied Mutual Insurance

*370 MEMORANDUM *

Pardee Construction Company appeals the district court’s summary judgment in favor of Liberty Mutual Insurance Company, contending that Liberty owed a duty to defend Pardee, an additional insured under a commercial general liability policy issued by Liberty to Jasper & Sons. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review de novo the district court’s grant of summary judgment. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000).

Pardee argues that the complaint filed by Summit Ridge homeowners, and the defects list, provided facts sufficient to trigger Liberty’s duty to defend. We agree. Under California law, an insurer has a duty to defend its insured against all claims that potentially seek damages covered under the policy, even if no liability ultimately results from those claims. See Montrose Chem. Corp. of Cal. v. Superior Court, 6 Cal.4th 287, 295 , 24 Cal.Rptr.2d 467 , 861 P.2d 1153 (1993), Horace Mann Ins. Co. v. Barbara B., 4 Cal.4th 1076, 1081 , 17 Cal.Rptr.2d 210 , 846 P.2d 792 (1993). The duty to defend is measured at the outset of the litigation by comparing the allegations of the complaint with the terms of the policy.…