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BARRATT AMERICAN v. TRANSCONTINENTAL INS.

No. D036401.

125 Cal.Rptr.2d 852 (2002)

102 Cal.App.4th 848

BARRATT AMERICAN, INC., Plaintiff and Appellant, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant and Appellant.

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

Rehearing Denied October 22, 2002.

Attorney(s) appearing for the Case

Payne & Fears, Scott S. Thomas, Irvine, and J. Kelby Van Patten on behalf of Plaintiff and Appellant.

Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, Sherman M. Spitz, Lance A. LaBelle, David B. Ezra, Heather C. Whitmore, Irvine; Greines, Martin, Stein & Richland, Irving H. Greines and Marc J. Poster, Los Angeles, for Defendant and Appellant.

Certified for Partial Publication.1

HALLER, J.

A residential developer, Barratt American, Inc. (Barratt), sued its insurer, Transcontinental Insurance Company (Transcontinental), alleging Transcontinental failed to provide it with a defense in an underlying construction defect lawsuit. At trial, it was undisputed that Transcontinental owed Barratt a duty to defend. The primary issue...

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