24th & Hoffman Investors, LLC v. Northfield Ins. Co.

Filed 8/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION

24TH & HOFFMAN INVESTORS, LLC, et al., Plaintiffs and Respondents, A163670

v. (City & County of San Francisco NORTHFIELD INSURANCE Super. Ct. No. CGC-19-581415)

COMPANY,

Defendant and Appellant.

Appellant Northfield Insurance Company (Northfield) issued a policy to respondent 24th & Hoffman Investors, LLC (24th & Hoffman, or the insured) to insure an apartment complex it owned. The policy’s coverage excludes liability for violations of the insured’s duty to maintain a habitable premises; this exclusion also encompasses coverage for “any claim or ‘suit’ ” that also alleges habitability claims. Two tenants sued 24th & Hoffman, along with two of the LLC’s members (collectively, respondents), alleging multiple habitability claims as well as other causes of action that were arguably not based on habitability. Northfield declined to defend the tenants’ lawsuit, and, after settling the underlying action, respondents brought the current action against Northfield for breach of its duty…