Webcor-Obayashi Joint Venture v. Zurich American Insurance Company
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 WEBCORE-OBAYASHI JOINT Case No. 19-cv-07799-SI
VENTURE,
6 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S v. MOTION FOR PARTIAL SUMMARY JUDGMENT
ZURICH AMERICAN INSURANCE
COMPANY, Re: Dkt. No.
Defendant.
11 On June 30, 2021, the Court held a hearing on plaintiff’s motion for partial summary judgment. For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART. 15 DISCUSSION Plaintiff seeks the following order from the Court:
18 1. The Court finds as a matter of undisputed fact and law that WOJV has met its burden of establishing that the fractured girders fall within the INSURING AGREEMENT of the Zurich American Insurance Company builder’s risk policy (“the Policy”). The burden thus shifts to Zurich to prove that the Cost of Making Good Exclusion clearly and…