World Health & Education Foundation v. Carolina Casualty Insurance
Opinion
Opinion
Illston, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT WITHOUT LEAVE TO AMEND
Defendant’s motion to dismiss the second amended complaint is scheduled for a hearing on May 11, 2009. Pursuant to Civil Local Rule 7 — 1(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing. For the reasons set forth below, the Court GRANTS defendant’s motion to dismiss the second amended complaint without leave to amend.
BACKGROUND
Plaintiff World Health and Education Foundation (“WHEF” or “plaintiff’) has been insured by defendant Carolina Casualty Insurance Company (“CCIC” or “defendant”) for several consecutive policy periods beginning in 2005. The relevant policy period is April 4, 2007 to April 4, 2008, during which plaintiff was insured under a Non-Profit Organization Liability Policy, No. 3729740 (“the Policy”). Second Amended Complaint (“SAC”) Ex. 1.
On April 30, 2007, Joe Martin filed a lawsuit against WHEF (“the Martin Litigation”). WHEF alleges that it was served with the summons and complaint on or about September 12, 2007, and that it reported the lawsuit to CCIC on or about April 28, 2008. CCIC refused…