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Occurrence/Misrepresentation/Duty to Defend

The First District has ruled in Monier v. American Home Assur. Co., A138976 (Cal. App. June 18, 2015) that a CGL insurer did not owe coverage for a suit alleging that a roofing tile manufacturer had failed to disclose to customers that the color exterior surface of its roofing tiles would not remain on the tiles for the warranted life of the product. In an unpublished opinion, the Court of Appeal ruled that intentional misrepresentations are not accidental “occurrences.” The court rejected the insured’s argument that even though the complaint only alleged intentional misconduct, a duty to defend should arise since its claimed liability under the California Consumer Legal Remedies Act, Civ. Code § 1750 did not require proof of intentional acts, thus creating a “potential for coverage.”