Westchester Surplus Lines Ins. Co. v. Liberty Mut. Ins. Co.

Plaintiff Westchester Surplus Lines Insurance Co. ("Westchester") brings an action against defendant Liberty Mutual Insurance Co. ("Liberty Mutual") for equitable contribution stemming from Westchester's defense and indemnity of Tractel, Inc. ("Tractel") following an accident occurring on August 4, 2011 at a residential building located at 300 Berry Street in San Francisco, California. Westchester, which insured Tractel as part of a "wrap up" insurance program, argues that it is entitled to equitable contribution from Liberty Mutual because both parties previously issued a primary insurance policy to Tractel, while Liberty Mutual contends that its policy carves out coverage when a wrap up insurance program applies and that it had no obligation, equitable or otherwise, to defend Tractel in that circumstance. Both parties moved for summary judgment. For the reasons discussed below, Westchester is not entitled to equitable contribution from Liberty Mutual. I grant Liberty Mutual's motion and deny Westchester's.

BACKGROUND

I. FACTUAL BACKGROUND

A. The Owner Controlled Insurance Program

In 2006, Arterra Mission Bay, LLC began work on the construction of 268 mid-level condominiums…