California Court of Appeal
Marquez Knolls Prop. Owners Ass'n, Inc. v. Executive Risk Indem., Inc., B186943
In case involving insurer's refusal to defend homeowner association against suit brought by homeowners found to have violated CC&Rs by building a structure blocking the view of a neighbor, summary judgment for insurer is reversed where an exclusion for wrongful acts based on design or construction did not preclude coverage of a homeowner's suit against the association asserting claims of fraud and breach of duty.
Appellate Information
- Decided 07/12/2007
- Published 07/12/2007
Judges
- BOLAND, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Offices of Rosario Perry, Rosario Perry, Santa Monica, and Jacqueline M. Fabe for Plaintiff and Appellant Marquez Knolls Property Owners Association, Inc.
- For Appellees:
- Gilbert, Kelly, Crowley & Jennett, Timothy W. Kenna and Jeanne S. Kuo, Los Angeles, for Defendants, Cross-complainants and Appellants., 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.