Acceptance Casualty Insurance Company v. MRVK Hospitality Group Limited Liability Company

I. BACKGROUND

6 On September 9, 2021, ACIC filed a complaint for declaratory judgment against MRVK, 7 Vanessa Miranda, Tyme Nassim, and Does 1-50. (ECF No. 1). ACIC voluntarily dismissed 8 Miranda and Nassim on January 20, 2022, and it has not identified any of the Doe Defendants. 9 (ECF No. 16). The pertinent allegations in the complaint are as follows. 10 ACIC is an insurance company and issued a commercial general liability policy, effective 11 from November 8, 2018 to November 8, 2019, to “MRVK Hospitality Group, LLC, Travelers 12 Motel-Modesto,” with the business description on the policy being listed as “Motel and LRO 13 Bar.” (Id. at 3, 6). MRVK is the owner of a property in Modesto, California. On or around April 14 21, 2019, a large concert was held at the property, and a person shot Miranda and Nassim.1 15 Miranda and Nassim filed a personal injury lawsuit against MRVK (and other defendants 16 not at issue here) in the Stanislaus County Superior Court (Case Number CV-19-006990), 17 alleging negligence and premises-liability claims based on the alleged failure to provide adequate 18 security at the concert.2 MRVK tendered its defense and indemnity for the state…