MV Transportation, Inc. v. Omne Staff Leasing, Inc.

MEMORANDUM OF OPINION AND ORDER

This case concerns a dispute over coverage under a workers’ compensation insurance policy issued by defendant American Protection Insurance Company (“AMPI-CO”). AMPICO and defendant Wachovia Securities, Inc. (“Wachovia”) move for summary judgment on all claims made against them. Plaintiff MV Transportation, Inc. (“MV Transportation”) moves for summary judgment on its duty to defend claim against AMPICO.

I.

The following facts are not in dispute. MV Transportation is a bus and transportation company located in Fairfield, California, that employs over 6000 workers in 22 states. (FAC ¶ 7; Wachovia Mot. at 1.) Omne Leasing Services, Inc. (“Leasing”) is a Florida corporation, and Omne Staffing, Inc. (“Staffing”) is a Delaware corporation. (AMPICO Req. for Judicial Notice Exs. 7, 8.) According to the moving parties, Staffing is the parent company of Leasing. (Wachovia Mot. at 1; Sinins Deck ¶ 2.) Staffing, Leasing, and other Omne-related companies are, in part, employee leasing or “professional employment” companies. (FAC ¶ 11.) AMPICO is an insurance company that is a subsidiary of Kemper Insurance Companies and Kemper National Insurance Companies.…