Lexington Insurance Company v. QBE Specialty Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 LEXINGTON INSURANCE COMPANY, a Case No. 19-cv-05947-BLF Delaware corporation, 10 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY v. JUDGMENT 12 QBE SPECIALTY INSURANCE [Re: ECF 30] COMPANY, a North Dakota corporation,

Defendant.

16 This suit arises from a dispute between two insurers, Plaintiff Lexington Insurance Company (“Lexington”) and Defendant QBE Specialty Insurance Company (“QBE”), following litigation of a construction defect action against their mutual insured, Cell-Crete Corporation (“Cell-Crete”). Cell-Crete tendered the underlying action to Lexington, which accepted Cell- Crete’s defense and ultimately settled on Cell-Crete’s behalf. Cell-Crete did not tender the underlying action to QBE, but rather expressly advised QBE that it had elected to tender only to Lexington and did not wish QBE’s participation. More than two years after…