Giannetti
Giannetti v. Burlington Insurance
Opinion
Lead Opinion
MEMORANDUM **
In early 1999, Giannetti and Felderman, dba Giannetti-Felderman Associates (“Giannetti”), were engaged by Habicht, the architect of record for the 101 Ocean construction project, to perform a variety of professional services including visual design, drafting and related services. Habicht obtained a general liability insurance *462 policy from The Burlington Insurance Company. The policy contained an endorsement that excluded liability for personal injury or property damage arising out of professional services. Giannetti was added as an additional insured.
The Homeowners Association of 101 Ocean Boulevard brought an action in California state court against various entities for property damage resulting from faulty construction. Five of the defendants in that action brought cross claims for indemnity and related causes of action against others involved in the construction of the project, including Giannetti. In May 1999, Giannetti tendered its defense in the action to Burlington, which denied coverage and any duty to defend, based on the professional services exclusion. All of the actions were ultimately settled before a state trial was conducted.