Flintkote Co. v. Aviva PLC

ORDER ON TRUST PAYMENTS, APPLICABILITY OF A BOND, AND MOTIONS TO SEAL

Re: Dkt. Nos. 119, 120, 122, 123, 125, 131, 135, 137, 139, 146

Before the Court are two motions filed by plaintiffs Flintkote Company and The Flintkote Trust (collectively “Flintkote”), 1 asking this Court: ’(1) to order defendants Aviva PLC, Aviva International Insurance, Ltd., and The Ocean Marine Insurance Company Limited (collectively “Aviva”) 2 to post a bond pursuant to California Insurance Code § 1616; and (2) to order Aviva to comply with its alleged contractual obligations to pay the liquidated value of covered asbestos-related injury claims to Flintkote. Dkt. 120,123.'

Aviva filed its own motion regarding trust payments. Dkt’. 119. Aviva’s motion asks this Court for partial summary judgment concerning choice of law and Aviva’s obligation to pay Flintkote. According to Aviva, its obligation under the policies at issue is limited to paying Flintkote for the amount Flintkote has actually paid, or does actually pay, to the asbestos 'claimants. Dkt. 119-4 at 6. 3 Aviva believes that California law governs this dispute. 4 Dkt. 119-4 at 13-14.

*1167 For the reasons that follow, - the Court DENIES…