Pulte Home Corp. v. American Safety Indemnity Co.
Opinion
Lead Opinion
Huff, J.
ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
On August 8, 2017, Plaintiff Pulte Home Corporation (“Pulte”) filed a motion for partial summary judgment. (Doc. No. 20.) On September 1, 2017, Defendant American Safety Indemnity Company (“ASIC”) filed an opposition to Plaintiffs motion. (Doc. No. 2l.) On 'September 11, 2017, Pulte filed a reply, (Doc. No. 22.) That same day, the Court took the matter under submission. (Doc. No. 23.) For the reasons below, the Court denies Pulte’s motion.
Background
. The present diversity action is an insurance coverage dispute ■ wherein Pulte asserts that it qualifies as an “additional insured” under several insurance policies issued by ASIC. (Doc. No. 1, Compl. ¶ 8.) In this summary judgment motion, Pulte seeks a declaration that one of ASIC’s insurance policies — issued to non-party Concrete Concepts, Inc. (“CCI”) — obligated ASIC to defend Pulte in Salazar, et al. v. Pulte Home Corp., et al., Case No. 37-2013-00079447-CU-CD-CTL (“Salazar”), a settled action formerly pending in the Superior Court of San Diego County.
I. Relevant Facts
Pulte is a residential real estate developer. (Doc. No. 1 at ¶ 9.) Between 2003 and 2005, it…