Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Insurance Company

250 P.3d 196, 226 Ariz. 419, 2011 Ariz. LEXIS 25

• Court: Arizona Supreme Court
• Decided: May 12, 2011
• Docket: CV-10-0339-PR
• Status: Published

Opinion

OPINION

BERCH, Chief Justice.

¶ 1 We granted review in this ease to consider (1) whether a commercial general liability (CGL) policy covers an insured’s contractual liability for damage that caused only economic loss, (2) whether the CGL policy’s contractual liability exclusion applies only when an insured has “assumed” another’s liability by agreeing to indemnify or hold another harmless, and (3) whether an insured’s voluntary expenditures to repair property damage caused by construction defects resulted from a “legal obligation” to pay “damages.” We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 12-120.24 (2003).

¶ 2 After considering the briefs and oral arguments, the Court affirms the opinion of the court of appeals on these issues for the reasons set forth therein.

CONCURRING: ANDREW D. HURWITZ, Vice Chief Justice, W. SCOTT BALES, A. JOHN PELANDER and ROBERT M. BRUTINEL, Justices.