Drive-In Music Co. v. Columbia Casualty Co.

*410 MEMORANDUM *

Drive-In Music Company appeals the district court’s summary judgment in favor of its insurance company, Columbia Casualty Company, on its complaint alleging breach of contract, tortious breach of the duty to defend and indemnify arising out of a contract for insurance, and seeking declaratory relief under California law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The parties are familiar with the facts and we do not recite them here except as necessary. The insurance contract upon which appellant bases its claims is a “Specified Perils” contract, which grants coverage only for specified risks. Appellant claims coverage under Music Recording and Publishing coverage part, coverage agreements A2 (“Infringement of copyright ... whether under statutory or common law”) and/or A4 (“unauthorized use of titles ... but only for claims based upon ... infringement of copyright”).

Under California law, the interpretation of an insurance contract is a question of law, which is reviewed de novo. E.M.M.I. Inc. v. Zurich American Insurance Co., 32 Cal.4th 465 , 9 Cal.Rptr.3d 701 , 84 P.3d 385, 389 (2004). The court must apply statutory rules of…