California Insurance v. Stimson Lumber Co.

concurring:

I concur in the result.

MEMORANDUM **

Stimson Lumber Company (“Stimson”) appeals the judgment in favor of Wausau and other insurance companies in an insurance coverage action. Stimson seeks to recover for warranty claims paid to Stimson consumers relating to failures or defects in Forestex siding that was manufactured and sold by Stimson. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse in part and remand for further proceedings.

Stimson contests the district court’s findings that (1) the insurance policy issued by Wausau, a primary coverage provider, does not cover payments Stimson paid as a part of a class action settlement (the “Gardner ” settlement); (2) Wausau does not have to pay for the attorney fees *498 and costs awarded in connection with the Gardner settlement; (3) Wausau’s insurance policies do not cover any state consumer protection or unfair trade act claims; (4) Stimson must pay Home Indemnity’s share of defense costs; and (5) ISOP, an umbrella insurance provider, is not required to indemnify Stimson for the entire cost of the Gardner settlement, irrespective of Stimson’s insolvent primary insurer, Home Indemnity. We review summary judgments de novo.…