Pacific Building Development Inc. v. Kensington – Fair Oaks Associates Joint Venture, et al.
Published: Oct. 27, 2012 | Result Date: Jul. 23, 2012 | Filing Date: Jan. 1, 1900 |Case number: 1-06-cv-056857 Bench Decision – $47,000
Court
Santa Clara Superior
Attorneys
Claimant
Defendant
Elaine K. Fresch
(Hawkins, Parnell & Young LLP)
Linda Wendell Hsu
(Selman Breitman LLP)
Facts
This case arose from a construction defect claim filed against Topa Insurance Co.'s insured, a general contractor that had its corporate status suspended during the course of litigation. Despite an underlying settlement and a release from the claimant, the release apparently did not apply to the Topa excess policy, allowing the claimant to continue its claim against the insured and to collect solely from the excess policy. Topa then filed a declaratory relief claim against the claimant asserting that there was no coverage.
Result
The Court ultimately found in favor of Topa on all points, and found that the claimant was collaterally estopped from relitigating a prior default judgment Topa had obtained against the primary carrier on the issue of whether the primary policies were properly exhausted. The Court also awarded Topa $47,000 in costs against the claimant.
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