Zaracotas

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TIMOLEON ZARACOTAS, et al., Case No. 22-cv-06156-DMR

8 Plaintiffs,

ORDER ON CROSS MOTIONS FOR

9 v. PARTIAL SUMMARY JUDGMENT

10 AMGUARD INSURANCE COMPANY, Re: Dkt. Nos. 33, 40 11 Defendant.

12 Plaintiffs Timoleon Zaracotas and Corinne Zaracotas filed this lawsuit against Defendant 13 AmGUARD Insurance Company (“AmGUARD”) for breach of an insurance policy, breach of the 14 implied covenant of good faith and fair dealing, and equitable contribution. The parties filed cross 15 motions for partial summary judgment. [Docket Nos. 33 (Def.’s Mot.), 40 (Pls.’ Mot.).] The 16 court held a hearing on January 25, 2024. For the following reasons Plaintiffs’ motion for partial 17 summary judgment is denied. AmGUARD’s motion for partial summary judgment is granted in 18 part and denied in part. 19 I. BACKGROUND AND PROCEDURAL HISTORY1 20 The facts of this case are undisputed. Plaintiffs Timoleon Zaracotas and Corinne Zaracotas 21 1 AmGUARD asks the court to take…