Ply Gem Industries Inc. v. James River Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PLY GEM INDUSTRIES INC., et al., Case No. 20-cv-02475-DMR

Plaintiffs,

ORDER ON MOTION FOR PARTIAL

v. SUMMARY JUDGMENT

JAMES RIVER INSURANCE COMPANY, Re: Dkt. No. 31 Defendant.

Plaintiffs Ply Gem Industries Inc. (“Ply Gem”) and Ply Gem Pacific Windows Corporation filed this action on April 13, 2020, and an amended complaint on July 21, 2020. [Docket Nos. 1, 25 (“FAC”).] The FAC alleges state law claims arising from an insurance policy that Plaintiffs purchased from Defendant James River Insurance Company (“James River”). Ply Gem now moves for partial summary judgment on the first claim for relief. [Docket Nos. 31 (“Mot.”), 37 (“Reply”).] James River opposes. [Docket No. 33.] The court held a hearing on September 24, 2020. Having considered the parties’ submissions and oral argument, and for the reasons stated below, the motion is granted. I. BACKGROUND The following facts are undisputed. Ply Gem is a manufacturer of…