‘Continuous, Progressive Injury’ Exclusion Relieves Insurer Of Duty To Defend, Indemnify

Mealey's (March 13, 2017, 11:33 AM EDT) -- SACRAMENTO, Calif. — In recommending that default judgment be granted for an insurer, a federal magistrate judge in California on March 9 found that the insurer has no duty to defend or indemnify an underlying construction defects case against an insured because the “continuous or progressive injury and damage” exclusion precludes coverage (Mt. Hawley Insurance Co. v. Crane Development Corp., et al., No. 16-0892, E.D. Calif.; 2017 U.S. Dist. LEXIS 34175)....