APL Co. Pte. Ltd. v. Valley Forge Insurance
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Re: Cross-motions for Summary Judgment
In this action, plaintiff APL Co. Pte. Ltd. (“APL”), a carrier of goods, filed suit against defendant Valley Forge Insurance Co. (“Valley Forge”). In another action before this court, APL Co. Pte. Ltd. v. UK Aerosols Ltd., No. C 05-00646, APL received a judgment against U.G. Co., Inc. (“U.G.”) and Kamdar Global, LLC (“Kamdar”), two entities that had an interest in hair care products being carried on APL’s ships, for damages APL suffered because of the improper packaging of those goods. U.G. had an insurance policy with Valley Forge that APL alleges covers the judgment in the underlying litigation. In the instant lawsuit, APL seeks to recover the judgment from Valley Forge pursuant to California Insurance Code section 11580. Before the court are APL and Valley Forge’s cross-motions for summary judgment. Having considered the parties’ arguments and submissions, and for the reasons discussed below, the court enters the following memorandum and order.
BACKGROUND
I. Procedural Background
As the court recounted in its order denying APL’s previous motion for summary judgment, this dispute arises out of the underlying…