Tutor Perini Building Corp. v. First Mercury Insurance Company

I. INTRODUCTION

On October 9, 2020, plaintiff Tutor Perini Building Corp. (“Tutor Perini’) brought suit in this Court against defendant First Mercury Insurance Company (“First Mercury”) and Does through 50, alleging claims for (1) breach of contract, and (2) tortious breach of the implied covenant of good faith and fair dealing (“bad faith”). Dkt. 1 (“Compl.”) at 19-33. Tutor Perini’s claims arise from First Mercury’s initial failure to defend Tutor Perini in an underlying action related to a dispute regarding insurance coverage of a commercial construction project. Id. On May 21, 2021, both parties filed motions for partial summary judgment. Dkts. 19, 25. On July 1, 2021, the Court denied First Mercury’s motion for partial summary judgment, and granted Tutor Perini’s motion for partial summary judgment on its breach of contract claim, finding that First Mercury breached its duty to defend Tutor Perini in the underlying action. Dkt. 37 (“Order re 7/1/22 MSJ”) at 14. On June 9, 2022, First Mercury filed its second motion for partial summary judgment, dkt. 54 (“MSJ”), along with its statement of uncontroverted facts and conclusions of law, dkt. 55 (“Def. SUF”). On…