McAtamney

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MT. HAWLEY INSURANCE COMPANY, Case No. 23-cv-01335-JST

8 Plaintiff,

ORDER GRANTING MOTION FOR

9 v. PARTIAL SUMMARY JUDGMENT

10 JOHN MCATAMNEY, et al., Re: ECF No. 27 Defendants. 11

12 13 Before the Court is Plaintiff Mt. Hawley Insurance Company’s (“Mt. Hawley”) motion for 14 partial summary judgment. ECF No. 27. The Court will grant the motion. 15 I. BACKGROUND1 16 This case concerns a coverage dispute between Defendants John McAtamney and Kilrea 17 Construction, Inc. (collectively “Kilrea”) and Kilrea’s insurer, Mt. Hawley. 18 McAtamney, a general contractor doing business as Kilrea Construction, was hired by 19 Jeffrey Horowitz to perform a home-renovation project on Horowitz’s residence in 2016. ECF 20 Nos. 15 ¶ 6; 15-8 ¶¶ 24–26. Pursuant to the contract between Kilrea and Horowitz, Kilrea was to 21 provide Horowitz “with two (2) bids for all items of work to be performed by subcontractors in 22 each trade,” and Horowitz would then enter a direct contract…