McAtamney

Mt. Hawley Insurance Company v. McAtamney

Good Law
United States District Court, Northern District of CaliforniaJanuary 2, 20244:23-cv-01335California3,641 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MT. HAWLEY INSURANCE COMPANY, Case No. 23-cv-01335-JST

Plaintiff,

ORDER GRANTING MOTION FOR

v. PARTIAL SUMMARY JUDGMENT

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

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

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