National Union Fire Insurance Company of Pittsburgh, PA v. Rudolph and Sletten, Inc.

I. BACKGROUND

21 This dispute arises out of an underlying construction defect action where the main defect is 22 alleged cracking in flooring installed at the Kaiser Permanente San Leandro Medical Center in San 23 Leandro, California (“Medical Center”). R&S agreed to provide general contractor services in 24 connection with the construction of the Medical Center. Dkt. No. 25 (“RJN”) ¶ 11; Dkt. No. 1 25 26 1 Mancini has requested judicial notice of the Complaint in the Coverage Action, Dkt. No. 25, 27 which references and attaches the Complaint, the First Amended Complaint, the Cross-Complaint (“Compl.”) ¶ 2. On July 28, 2011, R&S entered into a subcontract agreement with Mancini for installation of the flooring materials for the Medical Center. RJN ¶ 2; Compl. ¶ 3. Following commencement of construction in or about December 2012, cracking was allegedly observed and repaired in the flooring in 2013, and additional cracking was discovered in or about January 2014. RJN ¶ 1; Compl. ¶ 37-38. The underlying claims were filed by Kaiser Foundation Hospitals (“Kaiser”) against the Defendant Insureds and others, and are currently the subject of a pending …