Philadelphia Indemnity Insurance Company v. Cambria Company, LLC

BACKGROUND

A. Factual Allegations Plaintiff Philadelphia Indemnity Insurance Company (Philadelphia) is a Pennsylvania corporation with its principal place of business in Pennsylvania. (Doc. No. 1 [hereinafter, “Compl.”] ¶ 2.) Philadelphia is an insurance carrier licensed to sell insurance in all fifty states. (Doc. No. 15 ¶¶ 2–3.) Cambria is a Minnesota limited liability company with its principal place of business in Minnesota. (Compl. ¶ 3.) Cambria manufactures and sells quartz surface products including countertops, islands, backsplashes, and tiles. (Compl. ¶ 26, Doc. No. 14 at 2.)

Cambria purchased primary and excess insurance policies from Philadelphia for two successive years, spanning November 20, 2000, through November 1, 2001, (Policy Nos. PHPG124578 and PHUM106750) (Compl. ¶¶ 6, 8) and November 1, 2001, through November 1, 2002 (Policy Nos. PHPK014656 and PHUB006108). (Id. ¶¶ 7, 9.) Under the primary policies’ commercial liability coverage, Philadelphia promised to pay Cambria’s damage obligations arising from bodily injury or property damage, as well as

defend Cambria in related civil suits. (Id. ¶¶ 10, 11.) However,…