Arrowood Indemnity Co. v. Ins. Co. Penn.
Opinion
Lead Opinion
Wilson, J.
Proceedings: IN CHAMBERS ORDER re: Defendants’ Motion to Dismiss [18]
I. INTRODUCTION
On June 6, 2012, Plaintiff Arrowood Indemnity. Company (“Plaintiff’) filed this action against Defendant Insurance Company of Pennsylvania (“Defendant”), seeking a declaration that Defendant has a duty to defend the parties’ common insured, the City of Santa Clarita (“City”). (Dkt.l). On August 30, 2012, the Court granted Defendant’s. Motion to Dismiss with 'leave to amend, holding that Plaintiff had failed to allege that the City exhausted the retained limits as set forth in its policies with Defendant. (Dkt.16). On September 5, 2012, Plaintiff filed its First Amended Complaint (“FAC”), alleging exhaustion of the retained limits, as well as its original causes of action for declaratory relief and equitable contribution. (Dkt.17).
On September 20, 2012, Defendant filed the'instant Motion to Dismiss. (Dkt.18). Defendant argues’ that it does hot have a duty to defend because certain exclusions under its insurance policies foreclose the possibility of coverage for the City.' For the reasons set forth below,' Defendant’s Motion to Dismiss is DENIED.