Evanston Insurance Co. v. Atain Specialty Insurance Co.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

Plaintiff Evanston Insurance Company (formerly, Markel Service Incorporated) (“Plaintiff’) brings this insurance coverage action against Defendant Atain Specialty Insurance Company (“Defendant”) seeking declaratory relief. ECF No. 55 (Second Amended Complaint, or “SAC”). Before the Court is Defendant’s Motion for Summary Judgment. ECF No. 49 (“Mot.”). Having considered the parties’ submissions, the relevant law, and the record in this case, the Court GRANTS Defendant’s Motion for Summary Judgment.

I. BACKGROUND

A. Factual Background

Plaintiff and Defendant agree that the facts in the instant suit are undisputed. Plaintiff and Defendant both insure Norcal Motor Escort, LLC (“Norcal”), a motorcycle escort business. SAC ¶ 7. Specifically, Norcal has an Automobile Insurance Policy with Plaintiff, ECF No. 49-2 at 20-64 (“PL Auto Policy”), and Norcal has a Commercial General Liability Coverage Policy with Defendant (“Defendant’s CGL policy”), ECF No. 49-1 (Def. CGL Policy).

The instant dispute arises out of an automobile collision that involved Norcal’s employees. SAC ¶ 3. On November 2, 2012, Norcal employees…