Quigley

MEMORANDUM DECISION RE CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT/ ADJUDICATION (DOCS. 11 & 36)

I. INTRODUCTION

Plaintiff Jack Quigley (“Plaintiff’) has sued Defendant Travelers Property Casualty Insurance Company (“Defendant”) for (1) breach of contract, and (2) breach of the implied covenant of good faith and fair dealing arising out of Defendants’ refusal to defend Plaintiff in an underlying state civil suit. Before the court for decision are cross-motions for partial summary judgment/ summary adjudication on the duty to defend. Docs. 11 & 36.

II. BACKGROUND

At all relevant times, Plaintiff held a homeowners insurance policy issued by Defendant (the “Policy”). Plaintiffs Statement of Undisputed Material Facts (“PUMF”), Doc. 13 at #1. The Policy, which was in effect January 15, 2003 through January 15, 2004, provides in pertinent part:

Doc. 22 at pp 47-48 of 76. (emphasis omitted). The Policy defines “occurrence” as “an accident, including continuous or repeated exposure to substantially the same generally harmful conditions which result, during the policy period, in: a. bodily injury; or b. property damage.” Doc. 22 at 33 of 76. No definition of “accident” is…