Insurer Cites Multiple Policy Exclusions in Denying Coverage to Toll Brothers

SANTA ANA, Calif. -Exclusions for "performing operations" and "your work" in policies issued by OneBeacon Insurance Co. to Toll Brothers Inc. preclude a defense or indemnity for construction defect lawsuits, a California appellate court has ruled. Toll Brothers v. OneBeacon Insurance Co., No. G042196 (Calif. Ct. App., 4th Dist.).

The Fourth Appellate District also rejected Toll Brothers' argument that even if the exclusions apply to it as the project's general contractor, they should not apply to three other Toll entities that operated in other capacities.

The general liability policy at issue was written by OneBeacon predecessor General Accident Insurance Company …