Stone v. Hartford Casualty Co.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

This matter comes before the Court on the plaintiffs’ motion for summary judgment and the defendant’s cross-motion for summary judgment or, in the alternative, partial summary judgment. After reviewing the papers submitted by the parties, the Court denies the plaintiffs’ motion and grants the defendants’ cross-motion. Specifically, the Court denies the plaintiffs’ motion for summary judgment as to their first cause of action for declaratory relief as to Hartford’s duty to defend; denies the plaintiffs’ motion for summary judgment as to their second cause of action for breach of contract; grants the defendants’ motion for summary judgment as to the plaintiffs’ third cause of action for breach of the implied covenant of good faith and fair dealing; and denies the plaintiffs’ motion for summary judgment as to their fourth cause of action under Insurance Code Section 11580(b)(2).

I. BACKGROUND

This is an unfortunate case of a draftsman insured only under a general liability policy, performing the work of a contractor that ultimately resulted in severe detriment to plaintiff homeowners. The present matter arises out of Hartford Casualty…