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Navigators Specialty Insurance Co. v. Moorefield Construction, Inc.

Citations: 6 Cal. App. 5th 1258; 212 Cal. Rptr. 3d 231; 2016 Cal. App. LEXIS 1132Docket: G050759

Court: California Court of Appeal; December 27, 2016; California; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a dispute between Moorefield Construction, Inc., a general contractor, and Navigators Specialty Insurance Company regarding coverage under commercial general liability (CGL) policies for flooring failures at a Best Buy store. Moorefield faced litigation for breach of contract and negligence, with Navigators initially defending under a reservation of rights. The core legal issues centered around whether the flooring failure constituted a covered 'occurrence' and the applicability of the supplementary payments provision concerning attorney fees and costs. The court ruled that the flooring failure was not an accident, as Moorefield knowingly installed the flooring despite moisture issues, absolving Navigators of the duty to indemnify. However, the supplementary payments provision was applicable, obligating Navigators to cover certain costs. The trial court incorrectly placed the burden of proof on Moorefield to demonstrate the allocation of the settlement funds, prompting a remand for a new trial to determine the specific amounts related to damages versus costs. The judgment was affirmed in part, reversed in part, and remanded, with no costs awarded to either party on appeal.

Legal Issues Addressed

Burden of Proof in Insurance Reimbursement Claims

Application: The appellate court found that the burden of proof was incorrectly placed on Moorefield to show the allocation of the settlement funds between damages and costs, requiring a new trial to determine the specific amounts.

Reasoning: The court erred by placing the burden of proof on Moorefield instead of on Navigators, which should have demonstrated that the settlement payments were for non-covered claims.

Coverage Under Commercial General Liability Policies

Application: The court determined that the flooring failure at the Best Buy Building did not constitute a covered 'occurrence' because it was not accidental. Moorefield knowingly proceeded with the installation despite moisture issues, thus negating any claim of accident under the insurance policy.

Reasoning: The court ruled in favor of Navigators, determining that no covered occurrence existed since Moorefield had knowingly disregarded the moisture emission issue before directing the installation.

Definition of an 'Occurrence' in Insurance Policies

Application: An 'occurrence' is defined as an accident under the policy, and the court found that deliberate acts by Moorefield, with knowledge of excessive moisture, did not qualify as an accident, thereby relieving Navigators of the duty to indemnify.

Reasoning: It was concluded that the Flooring Failure did not constitute a covered occurrence, as California law stipulates that an accident does not occur from a deliberate act unless an unforeseen event causes the damage.

Duty to Defend Versus Duty to Indemnify

Application: Navigators accepted the defense of Moorefield under a reservation of rights, indicating potential coverage despite later findings. The duty to defend is broader than the duty to indemnify, and the insurer must cover all claims unless it can definitively allocate specific defense costs to non-covered claims.

Reasoning: The insurer's duty to defend is broader than its duty to indemnify, and Navigators failed to demonstrate that there was never any potential for coverage based on the allegations in the initial complaints.

Supplementary Payments Provision in Insurance Policies

Application: Navigators is required to cover costs related to attorney fees if they are taxable, but the trial court erred in placing the burden of proof on Moorefield to demonstrate what portion of the settlement was attributable to costs rather than damages.

Reasoning: The trial court erroneously placed the burden of proof on Moorefield regarding the portion of the settlement attributable to supplementary payments, while it should have been on Navigators.