Pulte Home Corp. v. American Safety Indemnity Co.
Opinion
Lead Opinion
Huff, J.
ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
On May 26, 2017, Plaintiff Pulte Home Corporation filed a motion for partial summary judgment. (Doc. No. 11.) Oñ June 26, 2017, Defendant American Safety Indemnity Company (“ASIC”) filed an opposition to Plaintiffs motion. (Doc. No. 16.) On June 28, 2017, the Court took the matter under submission. (Doc. No. 17.) On June 30, 2017, Plaintiff filed a reply. (Doc. No. 18.) For the reasons below, the Court denies Plaintiffs motion for summary judgment.
Background
This is a motion for summary judgment over choice of law. The present action is an insurance coverage dispute between Plaintiff Pulte and Defendant ASIC, where Plaintiff asserts that it qualifies as an “additional insured” under the relevant insurance policies issued by Defendant. (Doc. No. 1, Compl. ¶ 8.) Each of the relevant policies contains a choice-of-law provision stating: “This policy and all additions to, endorsements to, or modifications of the policy shall be interpreted under the laws of the State of Georgia.” (Doc. No. 16-8, Newton Deck, Ex. 1 at 64, Ex. 2 at 127, Ex. 3 at 197, Ex. 4 at 262, Ex. 5 at 331, Ex. 6 at 397.)