Gonzalez
Centurion Med. Liab. Protective Risk Retention Grp. Inc. v. Gonzalez
Opinion
Lead Opinion
Klausner, J.
I. INTRODUCTION
Pending before the Court is Plaintiff Centurion Medical Liability Protective Risk Retention Group. Inc.'s ("Plaintiff") Motion for Partial Summary Judgment. (Dkt. No. 43 (hereinafter, "Motion" or "Mot.").) Specifically, Plaintiff seeks a declaratory judgment that it has no duty to defend Celina Gonzalez, a Certified Nurse Midwife ("Gonzalez"), Stephen N. Pine, M.D. ("Dr. Pine"), and S. Pine, a Medical Corporation (collectively, "Defendants") in an underlying lawsuit because Defendants gave late notice of the claim. After considering the papers filed in support of and in opposition to the Motion, the Court GRANTS in part and DENIES in part Plaintiff's Motion.
II. BACKGROUND
A. Factual Background
Plaintiff issued a professional liability insurance policy to Defendants, effective May 30, 2016 through May 30, 2017 (hereinafter, the "Policy"). (Dkt. No. 50, Separate Statement of Uncontroverted Material Facts and Conclusions of Law in Support of Motion (hereinafter, "SUF") ¶ 6; Dkt. No. 48-1 (Policy), Exh. A at 2.) The Policy states:
(Dkt. No. 48-1 (Policy), Exh. A at 12 (emphasis added).) The Policy defines the scope of coverage as follows:
(Policy at 13.) A…