Capitol Specialty Insurance Corporation v. Amtrust International Under Writers Limited

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

10 11 CAPITOL SPECIALTY INSURANCE Case No. 3:18-cv-707-L-WVG

CORPORATION,

12 ORDER GRANTING MOTION Plaintiff, TO STAY 13 v. 14

AMTRUST INTERNATIONAL

15 UNDERWRITERS LIMITED, et al., 16 Defendants; _____________________________________ 17

AND RELATED COUNTERCLAIMS

18 AND CROSS-CLAIMS.

19 20 Pending before the Court in this insurance action is a motion to stay filed by 21 Defendants and Cross-Defendants McAvoy Construction, Inc. and Russell McAvoy 22 (collectively "McAvoy"). Plaintiff/Counter-Defendant Capitol Specialty Insurance 23 Corporation ("Capitol") and Defendant/Counterclaimant/Cross-Claimant AmTrust 24 International Underwriters Limited ("AmTrust," collectively "Insurers") each filed 25 an opposition. McAvoy replied. For the reasons which follow, McAvoy's motion 26 to stay is granted. 27 / / / / / 28 1 In May 2013, McAvoy was retained by the Ellen Joy Marks Trust ("Marks") 2 as a general contractor on a custom residential project located in San Diego. The 3 project was to pass…