KNCH is pleased to announce that partner, Sharon Huerta, and associate, Scott Davis, of our San Diego office obtained summary adjudication on behalf of KNCH’s client, Travelers Commercial Insurance, in a contribution action against State Farm regarding its refusal to defend their mutual insured. The underlying action, in which KNCH also served as defense counsel for the insured, was an acrimonious neighbor dispute that was resolved just before trial. At the heart of the neighbors’ dispute was an historic Torrey Pine tree that was allegedly damaging the neighboring property. The case was resolved through a creative settlement agreement crafted by the attorneys.
In the subsequent contribution action between the carriers, the Superior Court granted summary adjudication for KNCH’s client, Travelers, agreeing that the other carrier’s refusal to contribute to Travelers’ defense of the insured homeowner was improper and inconsistent with its obligations, in light of the differing areas of damage asserted and the differing timing as to the manifestation of those damages caused by the Torrey Pine. The Superior Court also denied State Farm’s cross-motion for summary judgment in its entirety. The action is currently awaiting trial solely on the issue of damages to be awarded to Travelers which, as a result of the Court’s ruling, are presumed reasonable and necessary.
Congratulations to attorneys Huerta and Davis on a hard fought victory.Download Minute Order »