Panel: Insurer Not Relieved Of Duty Based Upon Care, Custody, Control Exclusion

(June 6, 2019, 9:28 AM EDT) -- SAN DIEGO — A California appeals panel on June 5 reversed a lower court’s ruling that an insurer had no duty to defend a general contractor in a construction defect case based upon the exclusion in an additional insured endorsement for damage to “property in the care, custody or control of the additional insured” (McMillin Homes Construction Inc. v. National Fire & Marine Insurance Co., No. D074219, Calif. App., 4th Dist., Div. 1, 2019 Cal. App. LEXIS 514)....