Santana Row Hotel Partners, L.P. v. Zurich America Insurance

ORDER DENYING ZURICH’S MOTION TO DISMISS

I. INTRODUCTION

Plaintiff Santana Row Hotel Partners, L.P. (“Plaintiff’) brings this suit against Defendants Zurich American Insurance Company (“Zurich”), Gallagher-Pipino, Inc. (“Gallagher”), and Arthur J. Gallagher & Co. (collectively “Defendants”) alleging breach of contract and fraud. Plaintiff alleges that Zurich failed to pay losses resulting from a fire which were covered by an insurance policy. Zurich has filed a Motion to Dismiss the First Amended Complaint, which contains six claims for relief. The Motion is noticed for hearing on February 27, 2006. The Court finds it appropriate to take the motion under submission for decision without oral argument pursuant to Civil Local Rule 7 — 1(b). Based on the papers submitted by the parties, the Court DENIES Zurich’s Motion to Dismiss.

II. BACKGROUND

A. Factual Background

In May 2000 Zurich issued a builders risk insurance policy (“Policy”) to Federal Realty Investment Trust (“FRIT”), covering certain losses associated with FRIT’s construction and development of a retail and residential community in San Jose known as Santana Row. (Zurich’s Notice of Motion and Motion to Dismiss…