Butler v. Clarendon America Insurance

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT

INTRODUCTION

Before the Court is Defendant Clarendon America Insurance Company’s (“Defendant” or “Clarendon”) Motion for Summary Judgment. Plaintiff Matt Butler d.b.a. San Rafael Yacht Harbor (“Plaintiff’) opposes Defendant’s motion. Also before the Court is Plaintiffs Second Motion for Partial Summary Judgment. Defendant opposes Plaintiffs motion. For the following reasons, the Court GRANTS Defendant’s Motion for Summary Judgment, and DENIES Plaintiffs Second Motion for Partial Summary Judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The instant action presents an insurance dispute between the insured-Plaintiff and the insurer-Defendant arising from Defendant’s refusal to defend Plaintiff in an underlying third-party lawsuit.

On April 4, 2007, this Court denied Plaintiffs Motion for Partial Summary Judgment (hereafter, “First Summary Judgment Order”) and found that there was no potential for insurance coverage under the relevant policy provisions, based on the undisputed factual record then before the Court. As previously set forth in this Court’s First…