Vought Construction Inc. v. Allied World Surplus Lines Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VOUGHT CONSTRUCTION INC., Case No. 24-cv-01838-WHO
Plaintiff,
ORDER ON THE CROSS MOTIONS
v. FOR SUMMARY JUDGMENT
ALLIED WORLD SURPLUS LINES Re: Dkt. Nos. 30, 54,
INSURANCE COMPANY,
11 Defendant.
12 Plaintiff Vought Construction, Inc. (“Vought”) asserts claims for breach of contract and beach of the implied covenant of good faith and fair dealing against defendant Allied World Surplus Lines Insurance Co. (“Allied World”) based on Allied World’s decision not to represent Vought in an underlying state court suit. Pending before the court are the parties’ respective motions for summary judgment. Vought moves for partial summary adjudication of its duty to defend claim; Allied World moves for summary adjudication of all of Vought’s claims. In the alternative, Allied World moves for partial summary adjudication of Vought’s indemnification claim. Because Vought established the possibility of liability and Allied World could not meet its …