Hollyway Cleaners & Laundry Co. v. Central National Insurance Co.

ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [84], DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT [90], AND DENYING DEFENDANT’S REQUEST TO DELAY OR DENY PLAINTIFFS’ RENEWED MOTION FOR SUMMARY JUDGMENT [85]

I. INTRODUCTION

This action arises from an insurance coverage dispute between insureds, Plaintiffs Hollyway Cleaners & Laundry, Inc., Milton Chortkoff, Burton Chortkoff, Edythe Chortkoff, and Wilma Chortkoff (collectively, “Plaintiffs”), and their insurance carrier, Defendant Central National Insurance Company of Omaha, Inc. (“CNI”). Plaintiffs allege that CNI has a duty to defend them in an underlying environmental contamination lawsuit. (Compl. ¶ 1, ECF No. 1, Ex. 1.) In April 2015, this Court granted summary judgment in CNI’s favor on Plaintiffs’ claims. (ECF No. 65.) The Ninth Circuit reversed, concluding that there was a genuine dispute as to whether CNI was required to provide a defense to Plaintiffs in the underlying environmental litigation. (Memorandum from the Ninth Circuit Court of Appeals 3, ECF No. 76.)

Following remand, Plaintiffs renewed their Motion for Partial Summary Judgment as to Duty to Defend and Breach of Duty to Defend.'…