Insurance Co. of Pennsylvania v. National Fire & Marine Insurance

MEMORANDUM

National Fire & Marine Insurance Company (National Fire)' appeals the district court’s grant of partial summary judgment in favor of The Insurance Company of the State of Pennsylvania (Insurance Company). National Fire also appeals the district court’s denial of its motion for a continuance pursuant to Rule 56 of the Federal Rules of Civil Procedure, and its motion for reconsideration.

1. The district court did not err in granting partial summary judgment in favor of Insurance Company because National Fire failed to raise “genuine issues of material fact” regarding the triggering of excess coverage. As the district court noted, National Fire submitted no evidence to refute the expert reports submitted in support of the motion for partial summary judgment. Nat’l Ass’n for the Advancement of Multijurisdiction Practice v. Berch, 773 F.3d 1037, 1044 (9th Cir.2014). The district court’s ruling was neither premature nor advisory because it did not rule on National Fire’s actual indemnity obligation.

2. The district court did not abuse its discretion in denying National Fire’s motion under Rule 56. National Fire’s failure to conduct discovery established its lack of…