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Pulte Home Corp. v. Nationwide Mutual Insurance
Citation: 50 F. App'x 878Docket: No. 01-57090; D.C. No. CV-00-00609-JTM/AJB
Court: Court of Appeals for the Ninth Circuit; November 13, 2002; Federal Appellate Court
Pulte Home Corporation appeals the district court's summary judgment favoring Nationwide Mutual Insurance Company regarding claims of breach of contract, breach of the covenant of good faith and fair dealing, and declaratory relief. The district court determined that Nationwide had no obligation to defend Pulte as an additional insured under a commercial general liability policy issued to Pacific Soils Engineering in a construction defect case. It found no coverage under the policy, asserting that the inspection and testing services provided by Pacific Soils on the Antelope Run project did not constitute property damage caused by an "occurrence," as defined by the policy. The term "occurrence" is defined as an accident or continuous exposure to harmful conditions, and the court held that professional services, such as those rendered by Pacific Soils, do not qualify as an "accident" under California law. Consequently, the district court's judgment was affirmed. This decision is not intended for publication and is restricted from citation by the Ninth Circuit Rule 36-3.