Henstooth Ranch LLC v. Burlington Ins. Co.

This is an insurance coverage dispute. Plaintiff Henstooth Ranch, LLC moves for partial summary judgment, seeking a declaration that defendant The Burlington Insurance Company has a duty to defend Henstooth in an underlying action. Pl.'s Mot. (Dkt. No. 40). Burlington filed a cross-motion for summary judgment in its favor. Def.'s Mot. (Dkt. No. 45-1). After considering the parties' materials and arguments, the Court DENIES plaintiff's motion and GRANTS defendant's cross-motion.

BACKGROUND

Burlington is an insurance company with administrative offices in North Carolina. Complaint (Dkt. No. 1-1). Henstooth is a limited liability corporation organized under California law. Declaration of Peter Thompson (Dkt. No. 40-3) ¶ 2. Toni and Peter Thompson are officers of Henstooth. Id. ¶ 3. Henstooth owns certain property in Santa Rosa, California ("Henstooth Property"). Id. ¶ 4. Adjacent to the Henstooth Property is a parcel personally owned by the Thompsons and subject to a conservation easement held by the Sonoma Land Trust ("SLT") ("the Easement Property"). 1 Id. ¶¶ 5-6.

Henstooth filed this lawsuit seeking declaratory relief concerning Burlington's duty to defend and indemnify…