Garnicas Transport LLC v. Commercial Alliance Insurance Company

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARNICAS TRANSPORT, LLC and

SAMUEL GAMERO,

Plaintiffs, 9 v.

COMMERCIAL ALLIANCE INSURANCE

11 COMPANY, Case No. 1:21-cv-01018-SKO Defendant.

FINDINGS OF FACT AND

_____________________________________/ CONCLUSIONS OF LAW

COMMERCIAL ALLIANCE INSURANCE

COMPANY,

15 Counterclaimant, 16 v. 18 GARNICAS TRANSPORT, LLC and SAMUEL GAMERO, Counter-defendants. _____________________________________/ 21 This case concerns an insurance coverage dispute between Plaintiffs/Counter-defendants Garnicas Transport, LLC (“Garnicas”) and its principal Samuel Gamero (“Gamero”) (collectively, “Plaintiffs”) and Defendant/Counterclaimant Commercial Alliance Insurance Company (“CAIC”). Plaintiffs allege that that CAIC breached its commercial auto liability policy by denying coverage to a fatality claim. CAIC claims it is entitled to reimbursement from Plaintiffs of a surety bond payment it paid to settle the wrongful death and workers’ compensation suits arising from that fatality claim. …