Westport Insurance v. Northern California Relief

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

Between September 2012 and January *873 2013, four women 1 filed suit in California state court alleging that as students in the 1990s, they were sexually abused by Mora-ga School District (“the District”) teachers. Each of the women claimed that her emotional injuries were in part caused by a 2012 investigative report that revealed that school administrators received ample notice of the abuse but never reported it and actually conspired to hide it. Westport Insurance Corporation (“Westport”), the District’s insurer in the 1990s and Plaintiff here, paid for the defense of all three suits and the settlement of two. 2 Westport then filed the instant action against. Northern California Relief (“NCR”), the District’s insurer in 2012, demanding that NCR pay its share of the litigation and settlement expenses. After this Court denied NCR’s motion to dismiss in June 2014, Westport brought this motion for partial judgment on the pleadings, in which it seeks a determination that: (1) NCR owes a duty to pay some portion of the defense costs and settlement payments incurred in the underlying…