Village Homes of Colorado, Inc. v. Travelers Casualty & Surety Co.

148 P.3d 293, 2006 WL 1643154
CourtColorado Court of Appeals
DecidedOctober 16, 2006
Docket04CA1396
StatusPublished
Cited by12 cases

This text of 148 P.3d 293 (Village Homes of Colorado, Inc. v. Travelers Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village Homes of Colorado, Inc. v. Travelers Casualty & Surety Co., 148 P.3d 293, 2006 WL 1643154 (Colo. Ct. App. 2006).

Opinions

CARPARELLI, J.

Defendants, Travelers Casualty and Surety Company and Travelers Casualty Co. of Connecticut (collectively Travelers), appeal the trial court’s judgment in favor of plaintiff, Village Homes of Colorado, Inc. We affirm.

[295]*295I.Background

Travelers issued a comprehensive general liability (CGL) and a comprehensive excess liability (umbrella) insurance policy to Village Homes, a home builder. Subject to certain conditions, each policy provided coverage for occurrences during the period of August 1, 1995, to August 1,1996.

In April 2000, three homeowners sued Village Homes, alleging that Village Homes was liable for construction defects related to. expansive soils. In July 2001, a fourth homeowner sued Village Homes on the same basis. Village Homes tendered the defense of the cases to Travelers, which denied coverage.

Village Homes sued Travelers, alleging that it had settled the two underlying suits for approximately $788,580, and that Travelers was obligated to indemnify it for a total amount of about $315,000.

After receiving the case on stipulated facts, the court concluded that Travelers was obligated to indemnify Village Homes in the amount of $200,000.

Travelers contends that the trial court erred when it concluded there was coverage under the policies. We disagree.

II.The Insuring Agreement

The CGL policy obligates Travelers to pay sums that Village Homes becomes legally obligated to pay as damages because of property damage that (1) is caused by an “occurrence” and (2) takes place during the policy period. The policy defines “occurrence” to mean “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.”

Travelers concedes that because the parties stipulated that the property damage to the homes is $200,000, the umbrella policy is not implicated. Therefore, our analysis is limited to the terms of the CGL policy.

III.Stipulated Facts

The homeowners alleged that the property damage that was caused by Village Homes’ negligent construction began on the date the homes were first sold and continued through the date of the complaints. They alleged that, as a result of this continuing property damage, Village Homes was liable to them for damages as measured by, among other things, the cost of repairing the damage to the homes. ■

The parties submitted two stipulations of fact. To the first stipulation, they attached copies of the CGL policy, the complaints the homeowners filed in the two lawsuits, and certified copies of the homeowners’ deeds. They also stipulated that:

• Travelers issued the CGL policy to Village Homes;
• the policy period was August 1, 1995, to August 1,1996; and
• three of the homeowners purchased the homes from prior owners in 1997, and the fourth homeowner purchased the home in 1999.

In the second stipulation, the parties stipulated that:

• there was property damage to the four homes;
• the property damage resulted from an “occurrence”,
• the “occurrence” was during the policy period; and
• the property damage to the homes during the policy period was $200,000.

The parties did not stipulate to any other allegations made in Village Homes’ complaint or amended complaint.

IV.Issue Presented

The parties presented this case to the trial court to determine whether the supreme court decision in Browder v. United States Fidelity & Guaranty Co., 893 P.2d 132 (Colo.1995), compels the conclusion that the CGL policy here does not afford coverage to Village Homes.

In the trial court, Travelers did not contend that (1) the sums Village Homes was legally obligated to pay to the homeowners did not constitute damages as that term is used in the insuring agreement; (2) Village Homes’ liability to the homeowners was not premised on the stipulated occurrence; or (3) Village Homes’ liability did not include the stipulated $200,000 damage to the property.

[296]*296On appeal, Travelers does not contend that there is insufficient evidence to show that Village Homes’ liability to the homeowners was because of property damage caused by an occurrence that took place during the policy period.

Based on Browder, Travelers argues that (1) coverage was not triggered because the homeowners acquired the homes after the expiration of the insurance policy, and (2) there is no coverage because the homeowners did not suffer any actual harm during the policy period.

V. Policy Interpretation and' Standard of Review

When determining the rights and obligations that exist under an insurance policy, we apply principles of contract interpretation and attempt to carry out the parties’ reasonable expectations when the policy was issued. We enforce insurance contracts as written, giving the words and phrases their plain and ordinary meaning. Cotter Corp. v. Am. Empire Surplus Lines Ins. Co., 90 P.3d 814 (Colo.2004); Thompson v. Md. Cas. Co., 84 P.3d 496 (Colo.2004). “Oúr construction of the policy provisions must be ‘fair, natural and reasonable’ rather than strained or strictly technical.” Pub. Serv. Co. v. Wallis & Cos., 986 P.2d 924, 939 (Colo.1999)(quoting Johnson v. Am. Family Life Assurance Co., 583 F.Supp. 1450, 1453 (D.Colo.1984)). “Courts should not rewrite insurance policy provisions that are clear and unambiguous.” Compass Ins. Co. v. City of Littleton, 984 P.2d 606, 613 (Colo.1999). However, when the terms of an insurance policy are ambiguous, they must be strictly construed against the insurer and in favor of the policyholder. Allstate Ins. Co. v. Avis Rent-A-Car Sys., Inc., 947 P.2d 341 (Colo.1997); U.S. Fid. & Guar. Co. v. Budget Rent-A-Car Sys., Inc., 842 P.2d 208, 211 (Colo.1992); Am. Family Mut. Ins. Co. v. Johnson, 816 P.2d 952, 953 (Colo.1991).

We review the trial court’s interpretation of an insurance contract de novo. Globe Indem. Co. v. Travelers Indem. Co., 98 P.3d 971, 973 (Colo.App.2004).

VI. Coverage Triggered

Travelers argues that coverage was not triggered. We disagree.

A. Trigger of Coverage

“Trigger of coverage” refers to circumstances that activate coverage under a CGL policy and is determined based on the language of the policy. So-called elaims-made policies provide coverage “for

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148 P.3d 293, 2006 WL 1643154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-homes-of-colorado-inc-v-travelers-casualty-surety-co-coloctapp-2006.