Residential Exclusion Bars Insurance Coverage For Defect Case, Judge Holds

Residential Exclusion Bars Insurance Coverage For Defect Case, Judge Holds

SAN FRANCISCO - A commercial general liability insurer has no duty to defend or indemnify an insured or an additional insured for an underlying construction defect case, a California federal judge ruled April 30, finding that the total residential exclusion precludes coverage for residential projects (Atain Specialty Insurance Co. v. North Bay Waterproofing Inc., et al., No. 12-03339, N.D. Calif.; 2013 U.S. Dist. LEXIS 62493).

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