THE STANDARD FIRE INSURANCE COMPANY v. THE SPECTRUM COMMUNITY ASSOCIATION

Filed 7/31/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE STANDARD FIRE INSURANCE COMPANY,

Plaintiff and Respondent,

THE SPECTRUM COMMUNITY ASSOCIATION,

Defendant and Appellant.

[And 68 other cases.*]

G034668

(Super. Ct. No. 02CC01586)

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Stephen J. Sundvold, Judge. Reversed and remanded.

Kabateck Brown Kellner, Brian S. Kabateck, Richard L. Kellner; Robertson & Vick, Alex Robertson IV and Kevin Davis for Defendant and Appellant.

Morison-Knox Holden & Prough, William C. Morison-Knox, Marc J. Derewetzky, Robert C. Christensen and Laurence S. Near for Plaintiff and Respondent.

* * *

Story Continue from Part IIâ€¦â€¦..

Finally, as the Vaughn court stated: â€

Description	Insurer under an occurrence-based commercial general liability policy cannot avoid providing a defense to the insured condominium complex developer in a construction defect action by a condominium homeowners association solely because the homeowners association did not exist or did not own the damaged property during the policy period. A critical question is when the property damage occurred, not when the homeowners association came into existence.
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