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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CONTRACTORS BONDING AND

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

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION FOR SUMMARY

JUDGMENT; DENYING PLAINTIFF’S

AMTRUST INTERNATIONAL MOTION FOR SUMMARY

UNDERWRITERS LIMITED JUDGMENT

(AMTRUST),

Defendant.

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