California Court of Appeal

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BARRATT AM., INC. v. TRANSCON. INS. CO., D036401

In a construction defect lawsuit involving a residential development, where only a portion of the homeowners join the lawsuit, the developer is not barred as a matter of law from recovering from its liability insurer the reasonable and necessary costs to repair the homes owned by the nonplaintiffs if the costs are to defend the lawsuit.

Appellate Information

  • Decided 10/04/2002
  • Published 10/04/2002

Judges

  • HALLER, J.

Court

  • California Court of Appeal

Counsel

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

  • For Appellees:
  • 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.
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