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3421 If the cost of repairs voluntarily made by an insured builder to the homes of non-plaintiffs was reasonable and necessary for purposes of investigation in connection with the defense of claims by plaintiffs, it is a defense cost for which the insured is entitled to reimbursement from its insurer. (In this case, the court found that the evidence was insufficient to show that the costs were reasonable and necessary for that purpose.)CitationBARRATT v TRANSCONTINENTAL (Defense Costs) 102 CA4 852 [See: Foster-Gardner v National Union 18 C4 857, T/AT 9/98; Aerojet-General v Transport 17 C4 38, T/AT 11/93]
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