Travelers Indemnity Co. v. Insurance Co. of North America

ORDER GRANTING IN PART AND DENYING IN PART TRAVELERS’ MOTIONS FOR SUMMARY JUDGMENT

On January 30, 1995, the above captioned matter came on regularly for hearing before the Honorable Rudi M. Brewster. After over an hour of oral argument, the matter was continued to February 17, 1995, when further argument was heard. John Leland Williams, Esq. appeared on behalf of plaintiff The Travelers Indemnity Company of Illinois (“Travelers”); Mark A. Milstein, Esq. appeared on behalf of defendant Insurance Company of North America (“INA”); and Deborah Broom Pegg, Esq. and Brian I. Glicker, Esq. appeared on behalf of defendant Assicurazioni Generali SpA Insurance Company (“Generali”). Plaintiff Travelers brings a motion for summary judgment against INA and a motion for summary judgment against Generali. The Court hereby GRANTS IN PART AND DENIES IN PART Travelers’ motions for summary judgment.

I. BACKGROUND

Three corporations — Leisure Technology, Inc., Leisure Technology of California, Inc., and Leisure Technology Corporation of Oceanside (collectively, “Leisure Technology”) — were engaged in residential real estate development in Oceanside. Leisure Technology was named as a defendant in…