Truck Ins. Exchange v. Financial Pacific
Ins. co.

















Filed 5/3/10 Truck
Ins. Exchange v. Financial Pacific Ins. co. CA3









NOT
TO BE PUBLISHED



California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.



IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Sacramento)

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>

TRUCK INSURANCE EXCHANGE et al., Plaintiffs and Respondents, v. FINANCIAL PACIFIC INSURANCE COMPANY, Defendant and Appellant.

C059015 (Super.Ct.No. 03AS00933)

Defendant
Financial Pacific Insurance Company (Financial) appeals from a judgment entered
in favor of plaintiffs Truck Insurance Exchange (Truck) and Mid-Century
Insurance Company (Mid-Century). The
judgment declares that, having issued commercial general liability policies to
certain subcontractors, each naming the general contractor as an additional
insured, Financial breached its duty to defend the general contractor in a
construction defects lawsuit, and orders Financial to pay $185,000 as its
portion of the reasonable cost of defending the lawsuit.

We conclude that
Financial has failed to demonstrate error.
Thus, we shall affirm the judgment.

BACKGROUND

From
1993 to 2001, Ridgepoint Development, LLC (Ridgepoint)[1]
was the developer, and Planning Horizons Corporation (Planning Horizons) was
the general contractor, involved in building a 124-unit condominium project in Citrus
Heights. Kenneth Ford was
the managing member of Ridgepoint and the responsible managing officer of
Planning Horizons. During construction,
Planning Horizons contracted with various subcontractors, including CLP
Construction and Antelope Iron.

Between
1993 and 1994, CLP Construction was the contractor responsible for constructing
the wood framing, putting up siding and stucco, and installing windows. Between 1994 and 1995, Antelope Iron
installed chain-link fencing for the tennis court and constructed wood
fencing and retaining walls for other portions of the project. Between 1995 and 1996, Antelope Iron
installed â€