Tutor Perini Building Corp. v. First Mercury Insurance Company
Opinion
Trial Court Opinion
I. INTRODUCTION
On October 9, 2020, plaintiff Tutor Perini Building Corp. (“Tutor Perini”) brought suit in this Court against defendant First Mercury Insurance Company (“FMIC’”) 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. Dkt. 1 (“Compl.”) §§ 19-33. The claims arise from FMIC’s failure to defend Tutor Perini in an arbitration arising from disputes related to a commercial construction project. Id. § 7. On May 21, 2021, both parties filed motions for partial summary judgment. Dkts. 19 (“Def. MSJ’), 25 (“Plt. MSJ”); see dkt. 20 (“Def. RIN”). The parties opposed on May 28, 2021, dkts. 27 (“Opp. to Plt. MSS’), (Opp. to Def. MSJ”), and replied on June 7, 2021, dkts. 32 (“Reply ISO Def. MSS’), (“Reply ISO Plt. MSJ”).’ The Court held a hearing on July 21, 2021, at which FMIC requested leave to submit supplemental briefing. The Court granted this request, and FMIC submitted a supplemental brief on June 28, 2021.
FMIC requests that this Court take judicial notice of three filings in this case. The Court DENIES this request as unnecessary.