Assurance Co. of America v. MDF Framing, Inc.

MEMORANDUM *

Orenoco East Village, LLC; Simpson Housing Limited Partnership, LLP; Palo- *626 ma, LLC; and Great West Contractors, LLC (collectively “Intervenors”) appeal the district court’s grant of summary judgment in favor of plaintiff Assurance Company of America (Assurance) and denial of Intervenors’ summary judgment motion in an action seeking a declaration that Assurance has no obligation to defend and indemnify its insured, MDF Framing, Inc. (MDF), due to MDF’s failure to cooperate in Assurance’s attempt to defend MDF in an underlying state court action. We affirm.

The district court’s jurisdiction was premised solely on diversity of citizenship under 28 U.S.C. § 1332 . We were unable to determine conclusively from the district court record whether Intervenors were completely diverse from Assurance, so we directed that Intervenors submit supplemental evidence. That evidence establishes that Intervenors are completely diverse from Assurance, so our jurisdiction is proper under 28 U.S.C. § 1291 .

We hold the district court did not err in granting summary judgment to Assurance. We assume without deciding that the district court erred in finding Intervenors could not…