Case Summary

4988 REVIEW DENIED. An insurer had no duty to defend an insured against a lawsuit concerning a property encroachment because the insureds' actions were not accidental. Even if the insureds believed they owned the encroached property, the act of building is intentional.

FIRE INSURANCE EXCHANGE v SUPERIOR COURT (Building on Your Neighbor's Property) 181 CA4 388 REV DENIED [See Merced Mutual Ins. Co. v. Mendez 213 CA3 41]