Atain seeks to escape $2.8 million home improvement claims

By Ganesh Setty (June 10, 2022, 5:43 p.m. EDT) – Atain Specialty Insurance has told a California federal court that it should not have a duty to defend or indemnify two contractors facing a lawsuit seeking approximately $2.8 million in damages for claims of construction defects and delays in a San Diego home remodel.

The insurer said in its complaint Thursday that the underlying claims Jose Figueroa and Kenneth Hawkins filed against Welter Electric and Solar Inc. and Marrokal Design & Remodeling LLC are not property damage covered by Welter’s policies with Atain. Specialty Insurance Co.

According to the lawsuit, Figueroa and Hawkins contracted with Dream Design Builders in August 2017 to…

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