9th Circuit Revives Builder’s Suit Over Insurer’s Refusal To Defend Defect Suits

Mealey's (December 16, 2019, 10:25 AM EST) -- PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Dec. 4 reversed a federal judge in California’s ruling awarding summary judgment to an insurer that refused to defend Pulte Home Corp. in two construction defect lawsuits brought by homeowners, finding that the lawsuits did not provide enough information to show that the occurrence did not happen during the policy period and that the insurer was unable to show that the business risk exclusion was applicable (Pulte Home Corp. v. TIG Insurance Co., No. 18-55792, 9th Cir., 2019 U.S. App. LEXIS 35988)....