Westport Insurance Corp. v. California Casualty Management Co.

ORDER GRANTING WESTPORT’S MOTION FOR SUMMARY JUDGMENT AND DENYING CALIFORNIA CASUALTY’S MOTION FOR SUMMARY JUDGMENT

Re: Dkt, No. 61,

INTRODUCTION

Plaintiff Westport Insurance Corporation (“Westport”) provided liability and ex *1167 cess insurance policies for-the Moraga-School District in California (the ‘'School District”), including coverage for- the School District’s administrators. Defendant California. Casualty Management Company (“California Casualty”) also provided excess coverage for certain school administrators in the School District. After a School District teacher sexually molested three students, the students sued the School District and three of its administrators (the “Administrators”) for negligent supervision. Westport funded the settlement of the claims alone after California Casualty declined to contribute.and sued California Casualty for declaratory relief and equitable contribution.

Westport has moved for summary judgment, seeking declarations regarding each insurer’s obligations and.contribution from California Casualty. California Casualty cross-moved - for summary judgment on ground that the School District (and. its insurance) is obligated under…