Contractors Bonding and Insurance Company v. AmTrust International Underwriters Limited (AmTrust)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

CONTRACTORS BONDING AND

10 INSURANCE COMPANY, Case No. 20-cv-03248-RS

11 Plaintiff,

ORDER GRANTING DEFENDANT’S

12 v. MOTION FOR SUMMARY

JUDGMENT; DENYING PLAINTIFF’S

13 AMTRUST INTERNATIONAL MOTION FOR SUMMARY

UNDERWRITERS LIMITED JUDGMENT

14 (AMTRUST),

15 Defendant.

16 I. INTRODUCTION 17 Greg Wimmer, a California homeowner, hired J.P Whitney Construction (“Whitney”) as a 18 general contractor to remodel his home. Whitney subsequently brought on Mike Grasshof 19 Construction (“Grasshof”), a framer, as a subcontractor. Months into the project, Wimmer and 20 Whitney disagreed about progress and payment; Whitney pulled Grasshof off the job and soon 21 after abandoned the project. Wimmer then sued Whitney and Grasshof in San Mateo Superior 22 Court, though only some of the claims implicate Grasshof. See Wimmer v. JP Whitney Constr., 23 No. CIV 538350 (“Wimmer matter”). Now, Whitney and Grasshof’s insurers…