Stinson

ORDER GRANTING DEPENDANT’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

The parties have filed cross motions for summary judgment in this insurance coverage dispute. The parties seek a declaration of their respective rights under the insurance policy Home Insurance Company (“Home”) issued on the Stinsons’ Los Altos Hills home. In addition, plaintiffs allege that Home breached its duty of good faith to the Stinsons in denying coverage.

II.DECISION

The Court grants defendant Home’s motion for summary judgment. The Court finds that Home is not obligated to the Stinsons for payment under the policy, and is not obligated to pay any sums in contribution to General Accident Insurance Company. Plaintiffs’ contract and contribution claims are barred by the one year limitation of actions clause in the policy contract. Plaintiffs’ apparent claim for breach of the covenant of good faith and fair dealing is untenable because plaintiffs have failed to allege or demonstrate facts to support the claim.

III.UNDISPUTED FACTS

Defendant Home issued a homeowner’s all-risk policy on the Stinsons’ Los Altos Hills home that was in effect from August 25, 1972 until August 25, 1978. A similar policy…