American International Surplus Lines Insurance v. City of San Diego
Opinion
Lead Opinion
MEMORANDUM *
The City of San Diego (“City”) appeals the district court’s denial of its motion for partial summary judgment and motion for reconsideration on its counterclaims against the Insurance Company of Pennsylvania (“ISOP”). The City seeks declaratory relief that ISOP has a duty to defend it in ongoing state litigation under two comprehensive general liability policies for the periods 1991-1994 and 1997-2001. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) and we reverse.
“The determination whether the insurer owes a duty to defend usually is made in the first instance by comparing the allegations of the complaint with the terms of the policy.” Montrose Chem. Corp. v. Super. Court, 6 Cal.4th 287 , 24 Cal.Rptr.2d 467 , 861 P.2d 1158 , 1157 (1993). The insurance policies ISOP issued cover claims against the City for personal injury, property damage, and, under the 1991-1994 policy, negligent inverse condemnation. The face of the complaint in the underlying case of Border Business Park v. City of San Diego provides no basis for coverage *694 under the personal injury or property damages clauses of the insurance policies.