Brosamer & Wall, Inc. v. Indian Harbor Insurance Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BROSAMER & WALL, INC., Plaintiff, No. C 19-01872 WHA

v.

INDIAN HARBOR INSURANCE ORDER ON MOTIONS FOR COMPANY; and ZURICH AMERICAN SUMMARY JUDGMENT INSURANCE COMPANY, Defendants.

16 INTRODUCTION In this insurance action, an insured moves for partial summary judgment against two insurers and one insurer moves for summary judgment against the insured. To the extent stated below, these motions are GRANTED IN PART and DENIED IN PART. STATEMENT This insurance action stems from flawed soil testing that led to cracking in levees freshly constructed by plaintiff Brosamer & Wall, Inc., for the Santa Clara Valley Water District. When it came to light that Brosamer had used nonconforming soil, the District, pursuant to the project’s contract, demanded Brosamer remove and replace the nonconforming soil, rather than merely fix the top layer of cracking soil. The levee…