Lexington Ins. Co. v. Timber Ridge Framing, Inc. C
Defendant and appellant Timber Ridge Framing, Inc. (Timber Ridge) appeals from a summary judgment entered in favor of plaintiff and respondent Lexington Insurance Company (Lexington), on Lexington's complaint for breach of contract seeking to recover from Timber Ridge $50,000, the amount of two $25,000 insurance deductibles, arising from construction defect claims for which Lexington provided coverage. The trial court granted summary judgment on grounds Timber Ridge did not establish a triable issue of material fact as to any defense, including its defense that there was continuous and progressive damage and thus only one claim in each of two actions on which it owed a deductible, which it had already paid to another insurance company.
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