Swiss Re International SE v. Comac Investments, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Re: Dkt. Nos. 32, 36,

On September 2, 2016, the Court held a hearing on plaintiffs motion for partial summary judgment. For the reasons set forth below, the Court GRANTS the motion.

BACKGROUND

Plaintiff Swiss Re International SE (“SRI”), successor in interest to Zurich Specialties London, Ltd. (“ZSLL”) (hereinafter, SRI and ZSLL are jointly referred to as “ZSLL”), filed this lawsuit seeking declaratory relief concerning its duty to defend and indemnify defendant Comae Investments, Inc. (“Comae”) under four commercial liability insurance policies ZSLL issued to Comae covering the time period of June 19, 1998 through June 19, 2002. This declaratory relief action arises from an underlying case filed on August 14, 2014 entitled 200-298 Portola Drive Homeowners’ Association v. Comac Investments, Inc., San Francisco Superior Court Case No. CGC-14-541154 (“Underlying Action”). Dkt. No. 33-3. 1 In the Underlying Action, Portola Drive Homeowners’ Association (“Association”) seeks in excess of $5 million in damages for numerous construction defects at a development of 23 units and 7 townhomes (the “subject premises”). The…