Kwon
Casa Nido Partnership v. Kwon
Opinion
Trial Court Opinion
I. INTRODUCTION
14 This is an environmental cleanup case brought by Plaintiff Casa Nido Partnership (“Casa 15 Nido”) against several defendants, including Defendants Catherine O’Hanks (“O’Hanks”) and 16 Sentry Insurance Company (“Sentry”). Casa Nido is the owner of the building in which O’Hanks 17 operated a dry-cleaning business from 1960 to 1992. See Docket No. 88 (“SAC”). Sentry issued 18 an insurance policy to O’Hanks with Casa Nido listed as an “Additional Insured.” Id. Casa Nido 19 alleges O’Hanks, while operating the facility, released Tetrachloroethylene (“PCE”) onto the floor 20 and into the groundwater below the facility, for which Casa Nido spent hundreds of thousands of 21 dollars remediating. Id. Casa Nido alleges it is entitled to indemnification and contribution from 22 O’Hanks under the federal Comprehensive Environmental Response, Compensation, and Liability 23 Act (“CERCLA”). Id. 24 O’Hanks counter-claimed against Casa Nido. See Docket No. 51 (“CC”). In response, 25 Casa Nido sent a Tender of Defense and Indemnity to Sentry, claiming Sentry has a duty to defend 26 Casa Nido against O’Hanks’s counter-claim. SAC ¶¶ 34–40. In a letter sent to Casa…