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California Court of Appeal

Padilla Constr. Co. v. Transp. Ins. Co., G036451

In an insurance coverage dispute arising from a continuous damage construction defect case coverage, where there were successive primary liability policies from different insurers, and an excess insurance policy, and where the insured sued the excess insurer for refusing to defend in the underlying litigation after the lone defending primary insurer's policy was exhausted, judgment for the excess insurer is affirmed as there was still primary insurance coverage available from a non-defending primary insurer.

Appellate Information

  • Decided 05/14/2007
  • Published 05/14/2007



  • California Court of Appeal


  • For Appellant:
  • Kolod Wagner Law Offices, Scott M. Kolod, and Jerome A. Wagner, Sherman Oaks, and Lee I. Jurewitz, for Plaintiff and Appellant.

  • For Appellees:
  • Berger Kahn, Ross C. Smith and David B. Ezra, Irvine, for Defendant and Respondent.
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