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CPS v. TIG SPECIALTY INS. CO.

No. B142811.

108 Cal.Rptr.2d 282 (2001)

90 Cal.App.4th 149

CONSTRUCTION PROTECTIVE SERVICES, INC., Plaintiff and Appellant, v. TIG SPECIALTY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

Review Granted October 24, 2001.

Attorney(s) appearing for the Case

Devirian & Shinmoto and Donald B. Devirian, Los Angeles, for Plaintiff and Appellant.

Selman-Breitman, Alan B. Yuter, Los Angeles, and Rachel E. Hobbs, for Defendant and Respondent.

KLEIN, P.J.

Plaintiff and appellant Construction Protective Services, Inc. (CPS) appeals an order of dismissal in favor of defendant and respondent TIG Specialty Insurance Company (TIG, or the insurer) following the sustaining without leave to amend of a demurrer interposed by TIG to CPS's original complaint.1

The essential issue presented is whether a cause of action is stated against the insurer for a failure to defend.

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