Additional Insureds Failed To Allege Breach Of Contract, Bad Faith Claims, Judge Says
Mealey's (November 2, 2015, 8:45 AM EST) -- SAN DIEGO — Additional insureds failed to assert counterclaims for declaratory relief, breach of contract and breach of the implied covenant of good faith and fair dealing against its commercial general liability insurer, a California federal judge ruled Oct. 28, dismissing the counterclaims (St. Paul Mercury Insurance Co. v. McMillin Homes Construction, Inc., et al., No. 15-1548, S.D. Calif.; 2015 U.S. Dist. LEXIS 147082).
(Order available. Document #69-151204-004R.)
On May 12, 2012, various homeowners sued McMillin Homes Construction Inc., McMillin Homes Inc., McMillin Management Services LP,...