Insurance company claims they have no obligation under policy coverage

By Noddy A. Fernandez | Jan 9, 2018

SAN DIEGO — An insurance company is suing general contractors, alleging breach of duty.

SAN DIEGO — An insurance company is suing general contractors, alleging breach of duty.

Ironshore Specialty Insurance Company filed a complaint Dec. 29 in the U.S. District Court for the Southern District of California against Helix Electric, Inc., KISAQ-RQ 8A 21JV and Does 1 through 10, alleging the defendants failed to provide evidence of any consequential property damage to support a claim and receive coverage.

According to the complaint, between Oct. 31, 2013 and Oct. 31, 2016, Ironshore insured Helix under three consecutive general liability policies for a federal construction project in Cherry Point, North Carolina. The suit says under the terms and conditions of the policies there was never any obligation to defend Helix against the claims asserted in the underlying action filed by defendant KISAQ. 

Ironshore says payments to Helix were improper as no potential coverage exists or ever existed for any loss, claim or damage alleged in the underlying action. 

The plaintiff alleges the defendants tendered an underlying action with no information to support the claim and filed a claim despite no potential that coverage exists or ever existed for any loss that should be covered by the insurance company.

Ironshore Specialty Insurance seeks trial by jury, general damages, pre- and post-judgment interest, costs of suit and all other relief the court deems just and proper. It is represented by attorneys John H. Podesta and Dawn A. Silberstein of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP in San Francisco.

U.S. District Court for the Southern District of California case number 3:17-cv-02589-CAB-AGS

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