CLARENDON AMERICA INSURANCE COMPANY v.
NORTH AMERICAN CAPACITY INSURANCE COMPANY
Filed 6/15/10;
pub. order 7/7/10 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
CLARENDON AMERICA INSURANCE COMPANY,
Plaintiff
and Appellant,
v.
NORTH AMERICAN CAPACITY INSURANCE COMPANY,
Defendant
and Respondent.
E048176
(Super.Ct.No. CIVRS701868)
O P I N I
O N
Story continued from part I…..
As the moving party defendant, NAC failed to show that the term
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| Description | Eagle Ranch Residential, LLC, doing business as Tanamera Homes and Resort Communities, LLC (Tanamera), constructed a residential development in Victorville known as Shenandoah at Eagle Ranch (Eagle Ranch). Clarendon America Insurance Company (Clarendon) and North American Capacity Insurance Company (NAC), the parties to the present action, insured Tanamera under separate and consecutive general commercial liability policies. In the present action, Clarendon sued NAC for declaratory relief, equitable contribution, and partial equitable indemnity, seeking a proportionate or equitable share of sums Clarendon expended to defend Tanamera in a construction defect action brought by the owners of 43 Eagle Ranch homes (the Bradley action).[1] NAC moved for summary judgment on the ground its duty to defend Tanamera in the Bradley action never arose because Tanamera never paid a $25,000 †|
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