United Speciality Ins. Co. v. Zaracotas CA4/1
Timoleon and Corinne Zaracotas owned two commercial buildings that were damaged during a fire. They sued Camelot Roofing (Camelot) for negligence, alleging that Camelot negligently caused the fire damage at issue while performing roof repairs on the properties. Thereafter, Camelot’s commercial general liability insurer, United Specialty Insurance Company (United), filed the present action against Camelot and the Zaracotases, seeking a judicial declaration that it owed no duty to defend or indemnify Camelot in connection with the negligence lawsuit.
The trial court granted summary adjudication and entered judgment for United on grounds that Camelot failed to pay a self-insured retention necessary to trigger coverage under the insurance policy. The Zaracotases appeal the judgment and contend the court erred when it sustained a demurrer to two of their affirmative defenses.
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