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

I. FACTUAL BACKGROUND

26 On February 27, 2020, Plaintiff filed its complaint, on behalf of itself and as assignee 27 of Zurich American Insurance Company (“Zurich”), alleging that Defendant breached its 28 1 duty to defend Plaintiff in a 2016 lawsuit. ECF No. 1. Plaintiff brought claims for 2 (1) declaratory relief; (2) breach of insurance contract; (3) breach of implied covenant of 3 good faith and fair dealing; (4) assigned claim for equitable indemnity; and (5) assigned 4 claim for equitable contribution. Id. On January 8, 2021, Plaintiff filed an amended 5 complaint,1 the operative complaint in this matter. ECF No. 42. 6 Plaintiff is “a contractor that was involved in a highway reconstruction project at 7 Interstate 805 in San Diego County.” ECF No. 42 at ¶ 28. In February 2016, Plaintiff hired 8 “Reeve Trucking Co., Inc. and/or Reeve Trucking Company” (“Reeve”) “to transport 9 thirteen 100-foot long steel I-beams from a construction site near Sorrento Valley, 10 California to a storage site in Lakeside, California.” Id. at ¶¶ 12, 29. On February 12, 2016, 11 Peter Chavarin was driving a motorcycle heading northbound on…