James River Insurance Co. claims companies are not entitled to indemnity

By Jenie Mallari-Torres | Oct 5, 2016

SAN DIEGO – An insurance company seeks declaration that it is not obligated to indemnify two California companies.

SAN DIEGO – An insurance company seeks declaration that it is not obligated to indemnify two California companies.

James River Insurance Co. filed a complaint on Sept. 22 in the U.S. District Court for the Southern District of California against Tricorp Construction Inc., doing business as Tricorp Hearn Construction; PFinish Koncepts Inc., doing business as Stonecraft Enterprise; G5 Global Partners IX LLC; and Does 1-100 seeking declaratory relief.

According to the complaint, the plaintiff alleges that on Oct. 4, 2012, it was an insurer to Stonecraft, which entered a contract with Tricorp, general contractor for a Hampton Hotel project, to install tile works on a project that it was completed without setbacks. However, the suit states that when Tricorp was charged by the developer, G5, for breach of contract, Tricorp filed a consolidated cross-complaint against a number of subcontractors hired by Tricorp in connection with the project, including Stonecraft.

The plaintiff alleges that the defendants are not entitled to a defense in G5's suit under its policy.

The plaintiff requests a trial by jury and seeks declaratory relief that it owes no duty to provide defense, indemnity or any payment to defendants; judgment that defendants are obligated to reimburse plaintiff for any amounts paid to defend or indemnify them; damages; costs and further relief as the court deems just. It is represented by Ray Tamaddon of Hinshaw & Culbertson LLP in Los Angeles.

U.S. District Court for the Southern District of California Case number 3:16-cv-02382

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