McAdam

McAdam v. State National Insurance

Good Law
28 F. Supp. 3d 1110·2014 WL 2807582·2014 U.S. Dist. LEXIS 84628
United States District Court, Southern District of CaliforniaJune 19, 2014Case No. 12-cv-1333-BTM-MDDCalifornia6,075 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant State National Insuran.ee Company, Inc. (“State National”) seeks summary judgment as to all claims. The Court held a summary judgment hearing on May 20, 2014. For the reasons set forth herein, as well as those stated at the hearing, the Court DENIES the motion.

I. BACKGROUND

This case arises from a “Hull and Machinery/Protection and Indemnity” insurance policy issued by State National to Plaintiff Robert McAdam (“Plaintiff’ or “McAdam”) for the term May 5, 2011 to May 5, 2012 (No. TUV221275-00). The policy was issued on May 9, 2011, and was subsequently amended via endorsements. (Def.’s Ex. 12.) As of September 22, 2011 the policy insured, inter alia, two vessels: Jessica M and Shirley B. (Def.’s Ex. 12 at SNIC 0032 (Endorsement no. 5.)) It did not cover operations south of the Califor *1115 nia/Mexico border until endorsement no. 14 became effective on December 21, 2011. (Def.’s Ex. 12 at SNIC 0040.)

Robert McAdam does not own the vessels, as alleged in the Complaint. (Compl. ¶ 9.) Rather, he is the managing member of McAdam’s Fish LLC. (McAdam Decl. ¶ 5.) For purposes of limiting liability, McAdam’s Fish owns…

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