Interstate Fire & Casualty Company v. First Specialty Insurance Company

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 INTERSTATE FIRE & CASUALTY No. 2:17-cv-01795-KJM-AC

INSURANCE COMPANY,

ORDER Plaintiff, 13 v.

FIRST SPECIALTY INSURANCE

COMPANY et al., Defendants. 17 In this insurance coverage dispute, plaintiff Interstate Fire & Casualty Insurance Company (“Interstate”) and defendant First Specialty Insurance Company (“First Specialty”) both move for summary judgment on Interstate’s claims with respect to six of the underlying construction defect cases at issue. For the foregoing reasons, the court GRANTS Interstate’s motion in part and DENIES it in part, and also GRANTS First Specialty’s motion in part and DENIES it in part. I. BACKGROUND This case arises out of 15 underlying construction defect actions in Nevada and California. See First Am. Compl. (“FAC”), ECF No. 19-1. Due to the number of underlying cases and issues, the court bifurcated discovery into two phases. ECF No. 28 at 2. Phase I, relevant here, is limited to…