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MARQUEZ KNOLLS PROPERTY OWNERS ASS'N v. EXECUTIVE RISK INDEMNITY

No. B186943.

62 Cal.Rptr.3d 510 (2007)

153 Cal.App.4th 228

MARQUEZ KNOLLS PROPERTY OWNERS ASSOCIATION, INC, Plaintiff and Appellant, v. EXECUTIVE RISK INDEMNITY, INC, et al. Defendants and Respondents, Michael Sutton et al. Defendants, Cross-complainants and Appellants, v. Executive Risk Indemnity, Inc., et al. Cross-defendants and Respondents.

Court of Appeal of California, Second District, Division Eight.

July 12, 2007.

Attorney(s) appearing for the Case

Law Offices of Rosario Perry, Rosario Perry, Santa Monica, and Jacqueline M. Fabe for Plaintiff and Appellant Marquez Knolls Property Owners Association, Inc.

Gilbert, Kelly, Crowley & Jennett, Timothy W. Kenna and Jeanne S. Kuo, Los Angeles, for Defendants, Cross-complainants and Appellants M.D. Sutton Insurance Agency, Inc. and Michael Sutton.

Inglis, Ledbetter & Gower, Richard G. Ritchie, Richard S. Gower and Gregory J. Bramlage, Los Angeles, for Defendant, Cross-defendant and Respondent Executive Risk Indemnity, Inc.

BOLAND, J.

SUMMARY

An endorsement in a liability insurance policy issued to a non-profit property owners association excluded coverage of claims for wrongful acts based on the design or construction of any structure. We conclude the exclusion did not preclude coverage of a lawsuit brought by a member against the association asserting claims of fraud and breach of duty. The member's claims were not based on...

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