The FLINTKOTE v. General Acc. Assur. Co. of Canada

MEMORANDUM & ORDER

Re: Cross-Motions for Summary Judgment

On April 14, 2004 plaintiff the Flintkote Company filed an action in San Francisco Superior Court against defendants General Accident Assurance Company of Canada and General Accident Fire and Life Assurance Corporation Limited of Perth, Scotland, predecessors of Aviva Insurance Company of Canada. The state complaint alleged breach of contract for defendants’ failure to defend or indemnify plaintiff for claims covered under an insurance policy issued to two of plaintiffs subsidiaries. Defendants removed the action to this court. Now before the court are Flint-kote’s motion for summary judgment on defense and coverage issues and defendant Aviva’s motion for partial summary judgment on the statute of limitations. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiff, presently based in San Francisco, is a company that formerly mined and sold asbestos and asbestos-based products. Defendants are insurance companies (hereinafter “Aviva”) that issued general liability policies to two of plaintiffs Canadian subsidiaries—The Flintkote…