Republic Western Insurance v. Fireman's Fund Insurance

SUMMARY JUDGMENT ORDER

INTRODUCTION

The parties’ cross-motions for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, came on for hearing on September 4, 2002. Appearing for Plaintiff Republic Western Insurance Co. was James J. Braze, GORDON & REES. Appearing for Defendant and counter claimant Donald Karr was Brian Soriano and Lee S. Harris, GOLDSTEIN, GELLMAN, MELBOSTAD, GIBSON & HARRIS LLP. Appearing for Defendant and counter claimant Fireman’s Fund was Asim Desai and Donald Peterson, CARLSON, CALLADINE & PETERSON LLP. The court heard oral argument and took the matter under submission. Having fully considered the briefing and arguments of counsel, the court grants summary judgment for Plaintiff as to all issues.

FACTUAL AND PROCEDURAL BACKGROUND

This court has jurisdiction under 28 U.S.C. § 2201 and 28 U.S.C. § 636 (c). This is a declaratory relief action by Plaintiff Republic Western Insurance Co. (“Republic Western”), which issued a personal umbrella policy to Defendant and Coun-terclaimant Donald Karr (“Karr”). Defendant and Counter claimant Fireman’s Fund Insurance Co. (“Fireman’s Fund”) issued a primary liability policy to Karr. The Fireman’s Fund…