Johnson v. AMERICAN CASUALTY COMPANY OF READING PA
Opinion
Opinion
Conti, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
This matter comes before the Court on the Motion for Summary Judgment (“Motion”) filed by Defendant American Casualty Company of Reading PA (“Defendant” or “American Casualty”). Docket No. 25. Plaintiff Philip Rudolph Johnson (“Plaintiff’ or “Johnson”) filed an Opposition. Docket No. 28. Defendant submitted a Reply. Docket No. 30. For the reasons stated herein, the Motion is GRANTED.
II. BACKGROUND
A. Factual Background
The following facts are not in dispute. On April 8, 2005, Plaintiff was involved in a motor vehicle accident that caused him injuries. Am. Compl. ¶ 7. The accident occurred on Highway 50 in El Dorado County in California, when John Ryan (“Ryan”) lost control of the 2002 GMC Sierra he was driving, and collided head-on with Plaintiffs vehicle. Id. ¶ 8.
On March 17, 2007, Johnson sued Ryan seeking damages as a result of the accident in the Superior Court for the County of El Dorado. Id. ¶ 13 (the “tort action”). Ryan tendered his defense to American Casualty, but the insurance company refused to defend or indemnify Ryan. Kardassakis Dec!. Ex. 5 (“May 11, 2007 Letter”); Larkin Deck ¶ 12.…