American States Insurance v. Crawley Construction, Inc.

ORDER

Presently under submission in this civil action are the summary judgment motions of plaintiff American States Insurance Company (hereinafter, “American States Insurance”) and defendant Crawley Construction, Inc. (hereinafter, “Crawley Con struction”). Each motion is opposed, and reply briefs in support of each motion have been filed.

The diversity action at bar arises out of a liability-insurance policy and amended cross-complaints. In the policy, American States Insurance agrees to defend and indemnify Crawley Construction against claims of “property damage” and “bodily injury” caused by an “occurrence.” The amended cross-complaints: (a) were filed in an Alameda County Superior Court action (hereinafter, “the state-court action”) wherein Crawley Construction was plaintiff; and (b) were directed in part against Crawley Construction.

The action at bar was commenced during the pendency of the state-court action, which later was settled. American States Insurance’s latest pleading in the action at bar is the second amended complaint, which prays for reimbursement for costs and attorney’s fees incurred, and indemnity payments made, by American States Insurance on behalf of…