Aqua Queen Mfg., Inc. v. Charter Oak Fire Insurance

IT IS HEREBY ORDERED:

1. The Court hereby GRANTS IN PART AQUA QUEEN MANUFACTURING INCORPORATED’S [hereinafter “Plaintiff’] request for judicial notice.

2. In or about August of 1987; CHARTER OAK FIRE INSURANCE COMPANY [hereinafter “Defendant”] issued a Commercial General Liability Policy (number 650-885G6462-0-COF-87) to Plaintiff effective for the period August 1, 1987 to August 1, 1988 [hereinafter “Policy”]. Plaintiff manufactures, markets, and sells heater mats and controllers.

3. On or about November 8, 1991, Charles Prior Hall and WBX Partners filed an action against Plaintiff alleging misappropriation of -trade secrets, patent infringement, and unfair competition in the Central District of California entitled Charles Prior Hall v. Aqua Queen Manuf., CV-91-6110-DT (Sx) [hereinafter “Hall Action”].

4. In December of 1991, Plaintiff placed Defendant on notice of the Hall Action, and demanded that Defendant defend and indemnify Plaintiff in connection with that action as allegedly required by the Policy. Despite the demands of Plaintiff and its successor Land & Sky on Defendant, Defendant has failed and refused, and continues to fail and refuse, to provide such defense or…