Fireman's Fund Insurance v. National Bank of Cooperatives

Aldus Marketing Association (“Aldus”), a Texas corporation, appeals the district court’s grant of summary judgment to Fireman’s Fund Insurance Company (“Fireman’s Fund”), Interstate Fire and Casualty Company (“Interstate”), and Federal Insurance Company (“Federal”) (collectively, “insurers”). The insurers sought declaratory judgments that Aldus has no claims against them *891 for coverage -on policies- issued to Lawrence Warehouse Systems or its successor, XLS, Inc. (“Lawrence/XLS”), a now-defunct California inventory control corporation against whom Aldus holds an arbitration award and judgment.

Aldus claims that the district court did not have personal jurisdiction over it because Aldus lacks the requisite minimum contacts with California. Aldus also challenges the district court’s grant of summary judgment, claiming that a genuine issue of material fact exists as to whether Lawrence/XLS caused Aldus “property damage” within the terms of the policies issued to Lawrence/XLS by the insurers. Finally, Aldus contends that the district court erred in disregarding as untimely Aldus’s motion to dismiss for failure to join Lawrence/XLS as an indispensable party. We have jurisdiction…