York v. Navigators Ins.CA.
Plaintiffs Michael York and M. York & Associates, Inc. (together York) were hired to remodel the residence of Mr. and Mrs. Jacobsen, and filed a lawsuit against the Jacobsens seeking payment. The Jacobsens responded with a cross-complaint alleging numerous claims against York, one of which was for negligence. York, insured under a general liability insurance policy issued by defendant NIC Insurance Company (NIC), tendered defense of the cross complaint to NIC, which declined the tender. York subsequently filed the present lawsuit against NIC alleging breach of contract and breach of the implied covenant of good faith and fair dealing. On appeal, York asserts the court erred in finding no triable issues of fact on the rescission issue. However, York neither identifies disputed issues of material fact on the no potential coverage issue nor presents any legal argument why the exclusions do not negate any possibility for coverage. The judgment is affirmed.
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