Northfield Insurance Co. v. Civic Center Hotel, LLC

ORDER GRANTING MOTION TO STAY

INTRODUCTION

Northfield Insurance Company (“North-field”) brought this action for declaratory relief against defendants Civic Center Hotel, LLC; Balvantsinh “Bill” Thakor; and U.A. Local 38 Pension Trust Fund (collectively, “Civic Center Defendants”) concerning its obligation to provide insurance coverage for certain types of damages in two underlying state court actions in which tenants of the Civic Center Hotel allege inhabitable conditions. The underlying actions are ongoing and Northfield does not deny its duty to defend. However, it seeks *1166 a declaration that certain damages are not covered under Northfield Insurance Policies (2012/2013 Policy, 2013/2014 Renewal, and 2014/2015 Renewal), and now moves for summary judgment that attorneys’ fees, restitution, and penalties are not covered under the policies. Concurrently, defendant U.A. Local 38 moves to dismiss this action because it is not ripe, or to stay pending resolution of the underlying actions. Additionally, defendants Civic Center Hotel and Bill Thakor move for summary judgment on plaintiffs’ fifth cause of action that the “habitability of premises” exclusion is unenforceable as a…