Evanston Insurance Company v. Enterprise Plan B, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EVANSTON INSURANCE COMPANY, Case No. 24-cv-03329-PCP

8 Plaintiff,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART CROSS-MOTIONS

FOR SUMMARY JUDGMENT

10 ENTERPRISE PLAN B, INC., et al., Re: Dkt. Nos. 73, 78 Defendants. 11

12 Plaintiff Evanston Insurance Company filed this insurance-coverage action seeking a 13 declaration that it owed no duty to defend or indemnify defendants Enterprise Plan B, Inc., Lance 14 Brown, and Diane Stember Richards in connection with an underlying lawsuit filed against 15 Enterprise, Brown, and Richards by defendants Alex and Eugenia Serrano Borja. The Borjas 16 counterclaimed, seeking a declaration that Evanston had a duty to both defend and indemnify. 17 Now before the Court are cross-motions for summary judgment by the Borjas and 18 Evanston. For the following reasons, the Court denies Evanston’s motion, denies the Borjas’s 19 motion for summary judgment as to Evanston’s duty to indemnify, and grants the Borjas’s motion 20 as to Evanston’s duty to…