Brosamer & Wall, Inc. v. Indian Harbor Insurance Company

INTRODUCTION

17 In this insurance action, defendant insurer moves for leave to amend its answer to 18 19 plaintiff’s first amended complaint. To the extent stated below, the motion is GRANTED.

STATEMENT

20 The Santa Clara Valley Water District hired plaintiff Brosamer & Wall, Inc. to be its 21 general contractor for portions of the Lower Berryessa Creek Flood Protection Project in Santa 22 Clara County, California. Defendant Zurich American Insurance Company insured Brosamer 23 against builders risk. Defendant Indian Harbor Insurance Company insured Brosamer against 24 professional and contractor pollution legal liability, covering Brosamer for two separate periods, 25 2017–18 and 2018–19 (Dkt. No. 13 ¶¶ 16, 17, 21, 30). 26 In November 2018, the District accused Brosamer of using deficient materials on some of 27 the levees within the project. Specifically, a pavement maintenance path and levees 11–14 side 28 1 slopes developed cracks. The District had previously rejected those levees in July 2018. 2 The District demanded remediation. Ten days later, Brosamer filed an insurance claim with 3 Indian Harbor under its 2018–19 policy (Dkt. No. 40-1). The operative…