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San Diego Housing Commission v. Industrial Indemnity Co.

1/28/2002

aul Fire & Mar. Ins. v. Coss (1978) 80 Cal.App.3d 888, 896: Subject policy did not extend coverage to include reimbursement in some form or another to a builder for expenditures required to correct his own defective product made so by his poor workmanship and use of substandard materials.)


We need not reach the issue of whether the course of construction exclusion should apply to foreclose coverage for property damage during the period the project was being constructed. This argument is newly raised in the reply brief by IIC and is not supported by analysis of the record for specific support. We do not find any error by the trial court in applying the policy language in this respect.


DISPOSITION


The judgment is affirmed as modified to strike the damages awards except for the $200,000 representing indemnity, and to reduce the costs award to $35,950.32, by deleting that part of the costs award to Housing that is based on Code of Civil Procedure section 998. As so modified, the judgment in favor of Housing is affirmed. Each party to bear its own costs on appeal. The trial court is directed to prepare a new judgment as modified above.


CERTIFIED FOR PARTIAL PUBLICATION


WE CONCUR:


BENKE, Acting P. J.


NARES, J.






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