Earle
Earle v. State Farm Fire & Casualty Co.
Opinion
lead Opinion
Ware, J.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
The Court has before it the cross-motions of the parties for summary judgment. Based upon all pleadings filed to date, as well as on the oral argument of counsel, the Court DENIES Plaintiffs motion and GRANTS Defendant’s motion.
BACKGROUND
Plaintiffs Eyvind and Joan Earle (“the Earles”) filed this action in state court, seeking compensatory and punitive damages for an alleged tortious breach of a liability insurance policy. The Earles claim that Defendant State Farm Fire & Casualty Company (“State Farm”) wrongfully refused to pay The Earles’ defense costs in the underlying state court litigation. Defendant removed the action to federal court. This case arises out of a commercial lawsuit against the Earles in the Monterey Superior Court which involved several claims, including one for defamation. The Earles first tendered the defense to Defendant in August 1994, after the jury rendered a verdict against the Earles in July 1994.
In support of their cross-motions, the parties have filed an “Agreed Statement of Facts” in which they state that they seek resolution of the…