PARDEE CONST. CO. v. INSURANCE CO. OF WEST

No. D031946.

92 Cal.Rptr.2d 443 (2000)

77 Cal.App.4th 1340

PARDEE CONSTRUCTION COMPANY, Plaintiff and Appellant, v. INSURANCE COMPANY OF THE WEST et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

As Modified on Denial of Rehearing February 23, 2000.

Review Denied April 26, 2000.


Attorney(s) appearing for the Case

Mower, Koeller, Nebeker, Carlson & Haluck, Robert C. Carlson, Megan K. Dorsey, Laura T. Barton and Jay M. Bulger, San Diego, for Plaintiff and Appellant.

Newmeyer & Dillion, Gregory L. Dillion, Gene M. Witkin and Timothy S. Menter, Newport Beach, for Fieldstone Communities, Inc., William Lyon Homes, Inc., Catellus Development Corporation, Kaufman and Broad Home Corporation, New Urban West, Inc., Presley Homes and Standard Pacific Corp. as Amici Curiae on behalf of Plaintiff and Appellant.

Edwards, Sooy & Byron, Michael M. Edwards, Napoleon L.D. Taylor, Thomas W. Byron, San Diego, for Defendants and Respondents Insurance Company of the West and U.S. Fire Insurance Company.

Kern and Wooley, Ronald J. Skocypec, Susan T. Olson and Lisa Kralik Hansen, Los Angeles, for Defendants and Respondents Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company.

Daniels, Baratta & Fine, James M. Baratta and Robin A. Webb, Los Angeles, for Defendant and Respondent Nationwide Mutual Insurance Company.

Law Offices of Glenn M. White, Glenn M. White and John J. Druci for Golden Eagle Insurance Company as Amici Curiae on behalf of Defendant and Respondent.


Certified for Partial Publication.1

WORK, J.

The primary issue presented by this appeal is whether insurers that have issued commercial general liability (CGL) policies to subcontractors, including completed operations coverage as to projects completed before their inception, owe a duty to defend the additionally insured general contractor in third party litigation asserting its...

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