Robert Carlson Obtains Summary Judgment Against Against Recalcitrant Carrier

Jan 24, 2022

Robert Carlson Obtains Summary Judgment Against Recalcitrant Carrier


San Diego Partner Robert Carlson obtained another victory by way of summary judgment against American Safety Indemnity Company.  After years of hard fought litigation, including multiple motions for summary judgment and a decision from the Ninth Circuit confirming American Safety Indemnity Company had a duty to defend its additional insured homebuilder in construction defect actions under purported “ongoing operations” endorsements, KNCH obtained another win by successfully defeating additional coverage arguments as well as extensive challenges to the damages and prejudgment interest.  There are now rulings against the recalcitrant carrier under both California and Georgia law with regard to its wrongful interpretation and application of its additional insured endorsements, and now KNCH’s builder client will receive the defense it was owed years ago.

Activity in Case 3:16-cv-02567-H-AGS Pulte Home Corporation v. American Safety Indemnity Company Order on Motion for Summary Judgment