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STANDARD FIRE INS. v. SPECTRUM COMMUNITY ASS'N

No. G034668.

46 Cal.Rptr.3d 804 (2006)

141 Cal.App.4th 1117

The STANDARD FIRE INSURANCE COMPANY, Plaintiff and Respondent, v. The SPECTRUM COMMUNITY ASSOCIATION, Defendant and Appellant. And 68 other cases.[]

Court of Appeal of California, Fourth District, Division Three.

July 31, 2006.

Attorney(s) appearing for the Case

Kabateck Brown Kellner, Pasadena, Brian S. Kabateck, Richard L. Kellner; Robertson & Vick, Alex Robertson IV and Kevin Davis, San Francisco, for Defendant and Appellant.

Morison-Knox Holden & Prough, William C. Morison-Knox, Marc J. Derewetzky, Robert C. Christensen, Walnut Creek, and Laurence S. Near for Plaintiff and Respondent.

OPINION

MOORE, J.

Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ.Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats.2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing...

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