California Court of Appeal

Declaratory judgment that excess insurance policy covering liability of subcontractor defendants does not constitute "other insurance," making claim of plaintiff a covered claim and requiring defendant CIGA to pay disputed amount on behalf of insurer in liquidation, is reversed where it was stipulated that the excess insurer did in fact assume liability for the uncovered amount of the claim against the developer and the contractor, and that there was sufficient additional coverage under that policy to cover the amount for which the parties agreed the subcontractor defendants were liable.

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Angius & Terry LLP, Daniel E. Angius Walnut Creek, CA, for plaintiff and respondent., Law Offices of Adrienne D. Cohen, Adrienne D. Cohen, Kimberly J. Sarni, Julie Taylor, Santa Ana, CA, for defendant and appellant.