New Hampshire Insurance v. C'Est Moi, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the Court are Plaintiff New Hampshire Insurance Company’s (“NHIC”) Motion for Summary Judgment (“Plaintiffs Motion”) and Defendant C’Est Moi, Inc.’s (“CMI”) Motion for Partial Summary Judgment (“Defendant’s Motion”). After considering the moving, opposing and replying papers, and the oral argument of both parties, for the reasons below, the Court hereby GRANTS Plaintiffs Motion and DENIES Defendant’s Motion.

I. BACKGROUND

Plaintiff NHIC is a Pennsylvania corporation with its principal place of business in New York. Defendant CMI is a Delaware corporation with its principal place of business in Newport Beach, California. CMI owns a fifty-six foot boat, the “C’Est Moi,” built in 1980. In 1986, Lawrence O’Rourke acquired CMI and the C’Est Moi boat, which is the sole asset of CMI. O’Rourke is the sole shareholder of CMI. This ease concerns the marine insurance policy issued by NHIC to CMI insuring the C’Est Moi.

In 1992, a fire occurred aboard the C’Est Moi, resulting in a total loss of the boat. The insurer, Washington International Insurance (‘Washington…