Ryan
Nationwide Mutual Insurance v. Ryan
Opinion
Lead Opinion
Tigar, J.
Re: ECF No.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND VACATING HEARING
In this action for claims arising out of an insurance coverage dispute, Plaintiff Nationwide moves for summary judgment on Defendants’ counterclaims for breach of contract and breach of the implied covenant of good faith and fair dealing, as well as Defendants’ prayer for punitive damages. As the motion is suitable for determination without oral argument, the hearing scheduled for April 10, 2014, is VACATED. For the reasons set forth below, the motion is DENIED.
I. BACKGROUND
A. The Parties and Claims
Nationwide Mutual Insurance (“Nationwide”) issued an insurance policy of commercial property insurance to Defendants Donald V. Ryan, Barbara Ryan, and Michael Ryan, which was effective from April 24, 2011, to April 24, 2012, and that provided first-party property coverage for a commercial building located at 7031 Watt Avenue in North Highlands, California (“the property”). Am. Compl., ECF Nos. 5, 33. In June 2011, Defendants submitted a claim to Nationwide with respect to damage caused to the property by vandalism. ECF No. 5 ¶ 9. Nationwide paid part of the claim ($99,277.52) before voiding the policy…