Imperium Insurance v. Unigard Insurance

ORDER GRANTING PLAINTIFF IM-PERIUM INSURANCE COMPANY’S MOTION FOR SUMMARY ADJUDICATION AND DENYING DEFENDANT UNIGARD INSURANCE COMPANY’S CROSS-MOTION FOR SUMMARY JUDGMENT

Imperium Insurance Company, formerly known as Delos Insurance Company (“Im-perium”) and Unigard Insurance Company (“Unigard”) have filed cross-motions for summary judgment or, in the alternative, summary adjudication of Imperium’s claims. (Docs. 34, 39.) The Court heard the oral arguments of the parties on April 23, 2013. For the following reasons, Im-perium’s motion for summary judgment is GRANTED, and Unigard’s cross-motion is DENIED.

I. Relevant Factual and Procedural History

Imperium issued insurance policy number DTP7400107 to Juarez Brothers Tucking, Inc. and Juarez Agri Mix Transport, Inc. (collectively, “Juarez”), for the period of March 1, 2010 to March 1, 2011. (Doc. 1 at 3.) According to Imperium, the policy “provides commercial auto liability insurance to Juarez.” (Id.) Specifically, Imperi-um alleges:

(Doc. 1 at 3.) Further, Imperium asserts Unigard Insurance Company “issued a multi-line commercial insurance policy, policy number CM004237 to Juarez for a policy period of March 1, 2010 to March 1,…