Flintkote Co. v. General Accident Assurance Co.

MEMORANDUM AND ORDER

Re: Motions for Summary Adjudication

On April 14, 2004, plaintiff Flintkote Company filed an action in San Francisco Superior Court against defendants General Accident Assurance Company of Canada and General Accident Fire and Life Assurance Corporation Limited of Perth, Scotland, predecessors of Aviva Insurance Company of Canada. The state complaint alleged breach of contract for defendants’ failure to defend or indemnify plaintiff for claims covered under an insurance policy issued to two of plaintiffs subsidiaries. Defendants removed the action to this court. Now before the court are two motions, brought by plaintiff, for summary adjudication under Federal Rule of Civil Procedure 56(d) of the meaning of key terms of the insurance policy. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiff, presently based in San Francisco, is a company that formerly mined and sold asbestos and asbestos-based products. Defendants are insurance companies that issued general liability policies to two of plaintiffs Canadian subsidiaries — The Flintkote Company of Canada LTD and The…