Fiore

MEMORANDUM **

In this diversity action, National Liability & Fire Insurance Company (National) filed a Complaint for Declaratory Relief against Pacific Window Corporation (Pacific Window) and others seeking a judgment that National had no duty to defend or indemnify Pacific Window in a suit against Pacific Window arising from a vehicle accident. National argues that the policy was not in effect at the time of the accident. The district court entered summary judgment in favor of National and Pacific Window appeals.

Although the parties focused their arguments on the proper construction of Cal. Ins.Code § 460, which governs the inception time of an insurance policy, there is no need for us to construe that provision if coverage was bound on January 10, 2001, prior to the date of the motor vehicle accident that triggered the coverage dispute in this case.

“[A] binder ... is a temporary contract of insurance ... which temporarily obligates the insurer to provide insurance coverage pending issuance of the insurance policy.” Adams v. Explorer Ins. Co., 107 Cal.App.4th 438, 451 , 132 Cal.Rptr.2d 24 (2003) (citations, alterations and internal quotation marks omitted). Pacific…