Hartford Casualty Insurance Co. v. Fireman's Fund Insurance Co.

Good Law
220 F. Supp. 3d 1008·2016 WL 6778645·2016 U.S. Dist. LEXIS 158864
United States District Court, Northern District of CaliforniaNovember 16, 2016Case No. 15-cv-02592-SICalifornia6,642 words

Opinion

Lead Opinion

Illston, J.

ORDER GRANTING BURNS & WILCOX INSURANCE SERVICES’ SECOND MOTION FOR SUMMARY JUDGMENT

On October 28, 2016, the Court held a hearing on defendant Burns & Wilcox Insurance Services’ second motion for summary judgment. Dkt. No. 131. After careful consideration of papers submitted, the Court hereby GRANTS defendant’s motion.

BACKGROUND

I. Fireman’s Motion for Summary Judgment

This case arises from a coverage dispute under two homeowner’s insurance policies. The Court has previously heard motions for summary judgment by Burns & Wilcox insurance Services (“Bums”), which the Court denied, and Fireman’s Fund Insurance Company, which the Court granted. See Dkt. Nos. 114, 120. The Court recites some of the factual background from its August 22, 2016 Order Granting Fireman’s Fund Insurance Company’s Motion for Summary Judgment below:

Order on Fireman’s MSJ (Dkt. No. 120) at 1-3 (footnotes omitted).

II. The Insurance Applications

The application process deserves the most attention for purposes of this motion. Hartford alleges that Burns was negligent in its role as insurance agent, when Burns assisted Mosen O’Hadi (“O’Hadi”) in placing Paul Owhadi’s (“Owhadi’s”) insurance with…

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