Mt. Hawley Insurance Company v. Bay Valley Security L.L.C

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MT. HAWLEY INSURANCE COMPANY,

Case No. 19-cv-04423-RS Plaintiff, 11 v. ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT BAY VALLEY SECURITY, LLC, et al., 13 Defendants.

15 I. INTRODUCTION Plaintiff Mt. Hawley Insurance Company seeks summary judgment on its claims for declaratory judgment that it has no duty to defend or indemnify Bay Valley Security, LLC, its former employee Anthony Russell, or NESCTC Security Agency, LLC (an alleged “additional insured”) in an underlying action brought against them in state court by Alina Guzman. Although Mt. Hawley has been defending Bay Valley and Russell under a reservation of rights, it contends misrepresentations made by Bay Valley when it applied for insurance render the policy void from its inception. Because the undisputed facts establish that the insurance applications contained material misrepresentations regarding the nature of Bay…