California Court of Appeal

In a coverage dispute in which the trial court determined that the insurer owed no defense or indemnification for an action between a general contractor and subcontractor under a "commercial general liability" policy, summary judgment for insurer is affirmed where: 1) the underlying policy included a "cross-suits exclusion" provision; 2) the trial court correctly determined that the exception to the "cross-suits exclusion" was inapplicable to a cross-complaint which could not fairly be characterized as an action for indemnity or apportionment; and 3) thus, the policy afforded no coverage for the underlying action as a matter of law.

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Oliva & Associates, Joseph L. Oliva, Matthew L. Cookson, San Diego, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Jerome M. Jackson, Jerome Mark Jackson, El Segundo, Doran B. Richart, for Defendant and Respondent.