California Court of Appeal

In insurance coverage dispute arising from underlying litigation where subcontractor's worker was accidentally killed at a project, summary judgment for subcontractor and its excess carrier is affirmed over claims that: 1) under the indemnity clause in the subcontract, the general contractor's primary carrier had no obligation to respond until exhaustion of the subcontractor's primary and excess policies; and 2) summary judgment for the subcontractor on the general contractor's complaint for express contractual indemnity and declaratory relief was error.

Appellate Information

• Decided 10/26/2007
• Published 11/20/2007

Judges

• HORNER, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gregory B. Scher and Jo Ann Montoya, Woolls & Peer, Los Angeles, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Peter James Whalen, Robert M. Fineman, Kathryn C. Ashton and Anhthu H. Le, San Francisco, CA, for Defendant, Cross-complainant and Respondent., Christine M. Garrison, Scott C. Sandberg, Snell & Wilmer L.L.P., Costa Mesa, CA, Kevin Scott Taylor, Denver, CO, for Defendant and Respondent.