Kinsale Insurance Company v. Benchmark Insurance Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23-cv-00079-DMS-DEB

KINSALE INSURANCE COMPANY,

Plaintiff, ORDER DENYING DEFENDANT’S v. MOTION FOR PARTIAL

SUMMARY JUDGMENT

BENCHMARK INSURANCE

COMPANY,

15 Defendant.

17 Pending before the Court is Defendant Benchmark Insurance Co.’s motion for partial summary judgment on whether it owes a duty to indemnify under its insurance policies. (Def.’s Motion for Partial Summary Judgment (“Def.’s Mot.”), ECF No. 31.) Plaintiff Kinsale Insurance Co. filed its response in opposition (Plaintiff’s Opp’n (“Opp’n”), ECF No. 32.) Defendant filed a reply. (Def.’s Reply, ECF No. 34.) For the reasons discussed below, the Court denies Defendant’s motion and finds that there are triable questions of fact regarding Defendant’s duty to indemnify. I. BACKGROUND Plaintiff and Defendant issued separate general commercial liability insurance 27 …