News & Press

Changing the Playing Field on "Completed Ops" Endorsements

The partners of Koeller, Nebeker, Carlson & Haluck are pleased to announce what can only be described as a stunning trial court victory on behalf of Pulte Home Corporation and against American Safety Indemnity Company.  Pulte was forced to sue American Safety over its repeated refusals to provide a defense in construction defect cases.  American Safety issued numerous Additional Insured Endorsements that it claimed limited its obligations to defend to the insured’s “ongoing operations.”  Pulte contended that the language of the endorsement provided for completed operations coverage and that, even if limited to the ongoing operations of the subcontractor, Pulte also satisfied that requirement.  After a 9 day court trial in San Diego, the court agreed with Pulte and awarded it all of the fees and costs incurred in order to obtain the outstanding defense fees (Brandt fees) and punitive damages.  The court, in its written decision, found American Safety’s conduct to be despicable and in conscious disregard of Pulte’s rights as an additional insured.  The case was tried by Bob Carlson and Sharon Huerta of the San Diego office of KNCH.

Download Trial Court Decision »