Kent

ORDER GRANTING MOTIONS PURSUANT TO FED.R.CIV.P.

Plaintiff Pacific Insurance Company filed three summary judgment motions in November 1999. Third-Party Defendant Boat Owners Association of the United States, Inc. also filed a summary judgment motion. After reviewing the materials submitted by the parties and the case file, the Court GRANTS the summary judgment motions.

I. Procedural Background

On May 19, 1998, Plaintiff Pacific Insurance Company filed a complaint against Defendants William D. Kent and Bank of the West (“Bank”). In its complaint, Pacific asks the Court to rescind the marine insurance contract that Kent obtained on his boat, the Portland Rose. Kent and Bank, which held a mortgage lien on the boat, filed counterclaims against Pacific for breach of contract and breach of the covenant of good faith and fair dealing. Kent also brought a counterclaim against Pacific’s agent, Boat Owners Association (“BOA”), for breach of contract, bad faith, negligence and emotional distress. Bank brought a third party claim against BOA for negligence and negligent misrepresentation.

On December 31, 1998, Pacific filed a motion for summary judgment on its claims against Kent and…