American States Insurance v. Insurance Co. of the State of Pennsylvania

MEMORANDUM AND ORDER

This action proceeds on' the first and fourth claim for relief in-Plaintiff American States Insurance Company’s (“Plaintiff’) Corrected Third Amended Complaint. In the first claim for relief, Plaintiff requests that the Court declare that Defendant Insurance Company of the State of Pennsylvania (“Defendant”) had an independent duty to defend its insured, Sierra-Pacific Industries (“Sierra”), in various lawsuits arising from the “Moonlight Fire.” ECF No. 59. In the fourth claim for relief, Plaintiff seeks “equitable contribution or other equitable relief against [Defendant] for reimbursement of those sums [Plaintiff] paid in Sierra’s defense in the Moonlight Fire Lawsuits in excess of its equitable share, plus préjudgment interest.” Id. at 18.

Pending before the Court are the parties’ cross motions for summary judgment. ECF Nos. 85, 89. Plaintiff seeks summary judgment on the. first claim for relief and Defendant seeks, summary judgment on both claims for relief. For the reasons that follow, Plaintiffs -Motion for Summary Judgment (ECF No. 85) is GRANTED and Defendant’s Motion for Summary Judgment (ECF No. 99) is DENIED.

BACKGROUND

In February 2007,…