Church Mutual Insurance v. United States Liability Insurance

ORDER GRANTING PLAINTIFF CHURCH MUTUAL INSURANCE COMPANY’S MOTION FOR SUMMARY ADJUDICATION OF ISSUES AND DENYING DEFENDANT UNITED STATES LIABILITY INSURANCE COMPANY’S MOTION TO STRIKE

In this action, Plaintiff Church Mutual Insurance Company (“Church Mutual”) seeks reimbursement from Defendant United States Liability Insurance Company (“USLIC”) for its defense and indemnity payments to their mutual insured, Skyline Wesleyan Church, Inc. (“Skyline”). Church Mutual has moved for summary adjudication of the issues (1) whether USLIC owed Skyline a duty to defend, and (2) whether USLIC breached this duty. USLIC filed an opposition to this motion, and Church Mutual replied. For the reasons stated below, the Court GRANTS Church Mutual’s motion for summary adjudication of issues and finds that USLIC owed Skyline a duty to defend and that it breached this duty. In reaching this finding, the Court does not express any opinion regarding Church Mutual’s ultimate claim for reimbursement from USLIC.

In addition, USLIC moved to strike certain portions of the Declaration of Peter J. King in Support of Plaintiffs Motion for Summary Adjudication of Issues. Church Mutual opposed this motion. For…