Kinsale Insurance Co. v. Sky High Sports Concord LLC

MEMORANDUM AND ORDER

In bringing this lawsuit, Kinsale Insurance Company (“Plaintiff’) seeks redress from Sky High Sports Opportunities LLC (“Opportunities”) and three Sky High Sports franchisees: Sky High Sports Santa Clara LLC, Sky High Sports Sacramento LLC, and Sky High Sports Concord LLC (“Ownership Companies”), (collectively “Defendants”). 1 FAC, ECF No. 35, at 1:24-2:5. Presently before the Court is Plaintiffs Motion for Summary Judgment (“Plaintiffs Motion”), which is premised on the contention that Plaintiff is entitled to recover unpaid insurance premiums and unreimbursed deductibles from Defendants. Pl.’s Mot., ECF No. 37; Pl.’s P & A Mot., ECF No. 37-1, at 3:14-18. Defendants filed an Opposition to Plaintiffs Motion, to which Plaintiff submitted a Reply. Defs.’ Opp., ECF No. 51; PL’s Reply, ECF No. 53.

For the reasons set forth below, the Court GRANTS in part and DENIES in part Plaintiffs Motion, ECF No. 37.

BACKGROUND

Defendants franchise and/or operate amusement centers with trampolines, foam pits, and snack bars at various locations across the United States. FAC ¶ 13. Plaintiff is an Arkansas corporation that provides, inter alia, commercial general liability…