Oakland-Alameda County Coliseum, Inc. v. National Union Fire Insurance

MEMORANDUM & ORDER

Defendants’ Motions for Summary Judgment

On September 23, 2005 plaintiff Oakland-Alameda County Coliseum, Inc. (“OACC”) brought this action against National Union Fire Insurance Company of Pittsburgh, PA (“National Union”) and eight excess insurance carriers alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and seeking declaratory relief.

Now before the court are National Union’s and the excess carriers’ motions for summary judgment. Defendants claim that there is no coverage available under any of the policies at issue. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows.

BACKGROUND

This insurance coverage dispute arises out of a lawsuit between OACC and the Raiders football team in the California Superior Court for Sacramento County. Pri- or to the lawsuit, OACC had purchased primary Director and Officer Liability (“D & 0”) insurance from National Union, and excess coverage from the excess carriers. The insurance companies claim that they are not required to cover OACC’s litigation expenses because (1) OACC failed to provide timely notice of the…