Garret Murai | California Construction Law Blog | July 30, 2019 When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th District considered whether an additional insured… Continue reading Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Tag: Care Custody or Control Exclusion
Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | June 11, 2019 In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor as an additional insured under a… Continue reading Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
The Limited Scope of the “Care, Custody or Control” Exclusion
Kirk Pasich | Pasich LLP | June 10, 2019 General liability policies have long contained an exclusion for property “in the care, custody or control of the insured . . . .” Commercial General Liability Coverage Form, § I., Coverage A, ¶ 2.J.(4) (Insurance Services Office, Inc. 2012). The scope of this exclusion has been… Continue reading The Limited Scope of the “Care, Custody or Control” Exclusion