(Plaintiff-Indemnitee Had No Standing as Third-Party Beneficiary to Sue Contractor's Insurer Under CGL Policy's Indemnitee Defense Provision Because Provision Bestowed Direct Benefits on Insurer and Insured-Contractor, and Merely Incidental Benefits on Plaintiff-Indemnitee, and Any Doubt That Plaintiff Was a Third-Party Beneficiary of Indemnity Defense Provision Would Be Resolved Against Plaintiff)
(June 2023) - In LaBarbera v. Sec. Nat'l Ins. Co., 86 Cal. App. 5th 1329, 1329, 303 Cal. Rptr. 3d 256 (2022), the Third District Court of Appeal affirmed the trial court's order granting summary judgment to the home renovation contractor's insurer in the plaintiff-owner's suit for reimbursement, albeit on grounds rejected by the trial court.
The plaintiff hired a contractor to remodel a house pursuant to a contract that provided the contractor would defend and indemnify the plaintiff for all claims arising out of the work. The contractor obtained a general liability insurance policy from his liability insurer to cover his work on the remodeling project. During the remodeling work, a subcontractor suffered catastrophic injuries, and sued both the plaintiff and the contractor. The plaintiff's liability insurer defended the plaintiff in the underlying lawsuit. The plaintiff tendered his...
