Oregon Mutual Insurance Compan v. Seattle Collision Center Inc

MEMORANDUM

Seattle Collision Center Inc. and its principal owners, Todd and Karen Sullivan (collectively “SCC”), appeal the district court’s judgment granting in part and denying in part the motion for summary judgment brought by third-party defendants American States Insurance Company and Safeco Insurance Company of America (collectively “Safeco”). We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

Contrary to SCC’s assertion, the district court had the power to exercise supplemental jurisdiction, even though it had resolved the claims over which it had original jurisdiction. 28 U.S.C. § 1367 (a). Therefore, retaining supplemental jurisdiction in this case was a proper exercise of discretion by the district court. Acri v. Varian Assocs., Inc., 114 F.3d 999, 1000 (9th Cir.1997).

II

The district court properly granted summary judgment on SCC’s claims. “The duty to defend arises when a complaint against the insured, construed liberally, alleges facts which could, if proven, impose liability upon the insured within the policy’s coverage.” Am. Best Food, Inc. v. Alea London, Ltd, 168 Wash.2d 398,…