Skanska USA Civil West California District Inc. v. National Interstate Insurance Company

I. BACKGROUND

23 On February 27, 2020, Plaintiff Skanska USA Civil West California District Inc. 24 (“Skanska”) filed a Complaint against Defendant National Interstate Insurance Company 25 (“National Interstate”). (ECF No. 1). In the Complaint, Skanska alleges that it is insured 26 under primary and excess insurance policies issued by National Interstate. Skanska alleges 27 that in 2016, it was sued in state court and tendered the defense of the lawsuit to National 28 1 Interstate. Skanska alleges that National Interstate failed to reasonably investigate 2 Skanska’s request for coverage and failed to provide a defense, “causing Skanska to have 3 to pay significant sums attributable to the costs of its defense.” (Id. ¶ 144). Skanska alleges 4 that National Interstate unreasonably and in bad faith agreed to a settlement on behalf of 5 insureds other than Skanska, which exhausted the limits of the National Interstate insurance 6 policies, allowed the action against Skanska to continue, and provided no indemnity to 7 Skanska. Skanska brings claims against National Interstate for 1) declaratory relief; 2) 8 breach of insurance contract; 3) breach of the implied…