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

26 1 First Amended Compl. (“FAC”) – ECF No. 7. Citations refer to material in the Electronic Case File (“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. GEICO’s duty to indemnify; and (3) a claim for reimbursement.3 GEICO moved for summary judgment on claim one, its duty to defend, on the ground that the wrongful eviction took place outside of the policy period.4 The defendants counter that GEICO cannot prove that the eviction took place before the policy period, the provable…

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