A.S.A. Produce Co. v. Everest National Insurance

MEMORANDUM *

A.S.A. Produce Company, Inc. (“ASA”) appeals the district court’s summary *590 judgment in favor of Everest National Insurance Company (“Everest”) in ASA’s diversity action seeking contractual and punitive damages for Everest’s alleged bad faith settlement of an ASA employee’s claim. Everest sold a Workers’ Compensation and Employers’ Liability Policy to ASA. A former ASA employee filed a workers’ compensation claim, and ASA requested that Everest defend and indemnify ASA with respect to the claim. The employee and Everest reached a settlement that ASA objected to several months later.

ASA brought claims alleging breach of contract and breach of the implied covenant of good faith and fear dealing, and both parties filed motions for summary judgment. We review de novo the summary judgment in favor of Everest. Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). We affirm.

ASA argues that summary judgment on the breach of contract claim was in error because Everest failed to challenge that claim in its motions. Everest’s Notice of Motion and Motion for Summary Judgment expressly notified ASA that Everest was moving for summary judgment on “each cause of action…