SEMX Corp. v. Federal Insurance

ORDER: (1) GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT NO. ONE [Doc. No. 15]; AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT NO. TWO [Doc. No. 22]

I. Introduction

This case arises out of an insurance coverage dispute between a corporate policy holder and its insurer regarding certain claims made by the policy holder under an insurance policy containing first-party property and third party liability coverages. On November 1, 2004, Plaintiff SEMX Corporation (“Plaintiff’ or “SEMX”) filed a complaint against Defendant Federal Insurance Company (“Defendant” or “Federal”) in the Superior Court of California for the County of San Diego. Plaintiffs complaint is based on Defendants alleged denial of certain claims for insurance coverage advanced by Plaintiff relating to an accidental release of chemicals that caused first and third party damages at Polese Company’s (a subsidiary of Plaintiff) manufacturing plant in San Diego. On December 7, 2004, Defendant removed the action to this Court. On April 25, 2005, Plaintiff filed a first amended complaint.

Currently pending before the Court are two, separate motions by Defendant for…