Big 5 Corp. v. Gulf Underwriters Insurance

MEMORANDUM **

In this diversity case, Big 5 Corp. appeals the district court’s grant of summary judgment in favor of Gulf Underwriters Insurance Company. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, see Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir.2002), and we affirm.

I

Here, the underlying facts are not in dispute. Rather, Big 5 Corp. argues that as a matter of law Gulf Underwriters is obligated to indemnify it for money it paid to settle claims made by its employees for unpaid overtime wages.

In November 1998, Big 5 Corp. purchased a liability policy from Gulf Underwriters Insurance Company (the “Policy”). The Policy provided coverage for loss incurred by Big 5 Corp. for wrongful acts, with the terms “loss” and “wrongful acts” defined by the Policy.

On August 8, 2001, Kim Mosely, Van Mosely, and Mark Girdner filed a class-action complaint in Los Angeles County Superior Court, hereinafter referred to as the Mosely lawsuit. The Mosely plaintiffs and class members alleged they were entitled to recover unpaid wages and attorneys’ fees, statutory waiting time penalties, and restitution, disgorgement, and…