Johnson v. AMERICAN CASUALTY COMPANY OF READING PA

Good Law
679 F. Supp. 2d 1074·2010 WL 56178·2010 U.S. Dist. LEXIS 5577
United States District Court, Northern District of CaliforniaJanuary 5, 2010Case 09-2125 SCCalifornia4,005 words

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.…

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