American Family Connect Property and Casualty Insurance Company v. Federal Insurance Company

Good Law
United States District Court, Southern District of CaliforniaSeptember 30, 20243:22-cv-01351California8,249 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 AMERICAN FAMILY CONNECT Case No.: 3:22-cv-01351-JO-AGS

PROPERTY AND CASUALTY

INSURANCE COMPANY, PARTIAL ORDER ON CROSS-

MOTIONS FOR SUMMARY Plaintiff,

JUDGMENT

15 v.

FEDERAL INSURANCE COMPANY,

17 Defendant. 18

Kevin Khawaja and Isha Deen (“the Deens”) had a personal injury liability policy with Defendant Federal Insurance Company and an umbrella coverage policy with Plaintiff American Family Connect Property and Casualty Insurance Company. After Defendant declined to represent the Deens in two separate state lawsuits, Plaintiff, as their umbrella coverage insurer, assumed responsibility for the Deens’ legal representation. Plaintiff then brought suit alleging that Defendant, as the Deens’ primary personal injury liability insurer, improperly refused coverage. Dkt. 11 (“Am. Compl.”). The parties filed cross-motions for summary judgment contesting whether Defendant had a duty defend the Deens in the state lawsuits as well as…

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