Judge Refuses To Dismiss Additional Insured’s Breach Of Contract, Bad Faith Claims
(March 4, 2016, 10:28 AM EST) -- SAN DIEGO — Whether an insurer timely and reasonably accepted tender of an additional insured’s construction defects claim presents a question of fact not properly resolved on a motion to dismiss, a California federal judge ruled March 2, declining to dismiss counterclaims for breach of contract and bad faith (St. Paul Mercury Insurance Co. v. McMillin Homes Construction, Inc., et al., No. 15-1548, S.D. Calif.; 2016 U.S. Dist. LEXIS 26461).
(Order available. Document #69-160401-001R.)
On May 12, 2012, various homeowners in a development in Calexico, Calif.,...