Albert D. Seeno Construction Company v. Aspen Insurance UK Limited

DISCUSSION

18 This is an insurance coverage dispute. Plaintiffs Albert D. Seeno Construction Company 19 and related entities (“ADSCO”) build houses and townhomes in subdivisions. Defendant Aspen 20 Insurance UK (“Aspen”) issued three consecutive general liability insurance policies to ADSCO 21 covering the period December 2005 to December 2015. One policy covers December 1, 2005 to 22 December 1, 2007; one policy covers December 1, 2007 to December 1, 2012; and the third policy 23 covers December 1, 2012 to December 1, 2015. 24 The parties’ cross-motions request that the Court interpret certain provisions of the policies, 25 with such interpretations having various consequences for the claims and counterclaims in this case.1 26 27 As demonstrated by the voluminous briefing and as evident at the hearing, however, in some instances the parties’ arguments about the policies’ meaning is not based on specific policy language but rather upon asserted “industry practice” as developed through case law, as well as the parties’ course of dealing. Further complicating matters, the parties’ course of dealing changed over time. In resolving the parties’ cross-motions,…