Nadkarni

Government Employees Insurance Company v. Nadkarni

Good Law
United States District Court, Northern District of CaliforniaNovember 22, 20193:19-cv-01302California5,992 words

Opinion

trial_court Opinion

INTRODUCTION

18 The plaintiff, Government Employees Insurance Company (“GEICO”), filed this declaratory- 19 relief action to determine whether its umbrella insurance policy — issued to the defendants 20 Anshuman and Renuka Nadkarni, who are former landlords defending a state-court wrongful- 21 eviction lawsuit brought by their former tenants — requires it to defend and indemnify the 22 defendants.1 The policy is an occurrence policy.2 The complaint has three claims: (1) a claim for 23 declaratory relief regarding GEICO’s duty to defend; (2) a claim for declaratory relief regarding 24 25

26 1 First Amended Compl. (“FAC”) – ECF No. 7. Citations refer to material in the Electronic Case File 27 (“ECF”); pinpoint citations are to the ECF-generated page numbers at the top of documents. 2 Policy, Ex. A to Trumpower Decl. – ECF No. 35-2 at 5–21. 1 GEICO’s duty to indemnify; and (3) a claim for reimbursement.3 GEICO moved for summary 2 judgment on claim one, its duty to defend, on the ground that the wrongful eviction took place 3 outside of the policy period.4 The defendants counter that GEICO cannot prove that the eviction 4 took place before the policy period, the provable…

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