Laguna Publishing Co. v. Employers Reinsurance Corp.

MEMORANDUM AND ORDER

Defendant’s motion for summary judgment was heard on June 10, 1985 before the Honorable Mariana R. Pfaelzer. After considering the arguments made and the papers filed, the Court denies defendant’s motion for summary judgment. However, on the Court’s own motion, the Court dismisses the Complaint without prejudice because the dispute between the parties is not yet ripe for adjudication.

DISCUSSION

A. Background

Laguna Publishing Co. (“Laguna”) brought this action.for money allegedly due under an insurance policy, Cal.Ins.Code § 11580(b)(2), for unfair insurance practices, Cal.Ins.Code § 790.03(h), and for declaratory relief against Employers Reinsurance Corporation (“E.R.C.”). E.R.C. issued an excess liability policy to Golden Rain Foundation of Laguna Hills (“Golden Rain”), against whom Laguna claims to have won a judgment for $69,301,853. E.R.C. moved for summary judgment arguing that the judgment against Golden Rain, upon which this case is predicated, was set aside by the Superior Court on May 4, 1984, and that a third party claimant under an insurance policy lacks standing to bring a direct action under either Cal.Ins.Code § 11580(b)(2) or Cal.Ins.Code…