Forest Meadows Owners Ass'n v. State Farm Gen. Ins. Co., 1:11-cv-01642-AWI-SKO
Decision Date | 10 April 2012 |
Docket Number | 1:11-cv-01642-AWI-SKO |
Parties | FOREST MEADOWS OWNERS ASSOCIATION, Plaintiff, v. STATE FARM GENERAL INSURANCE COMPANY, Defendant. |
Court | U.S. District Court — Eastern District of California |
(Docs. 9-15, 24-29)
Plaintiff Forest Meadows Owners Association and defendant State Farm General Insurance Company have filed competing motions for summary judgment. For reasons discussed below, Plaintiff's motion shall be denied; Defendant's motion shall be granted.
On September 28, 2011, plaintiff Forest Meadows Owners Association (hereinafter referred to as "Plaintiff") filed its complaint against defendant State Farm General Insurance Company (hereinafter referred to as "Defendant") asserting two causes of action for breach of contract and breach of theimplied covenant of good faith and fair dealing. In the complaint, Plaintiff alleged as follows:
Plaintiff further alleged:
Plaintiff further alleged:
On December 9, 2011, Plaintiff filed its motion for summary judgment.1 On February 29, 2012, Defendant filed its motion summary judgment. On March 19, 2012, Defendant filed its opposition to Plaintiff's motion. On March 19, 2012, Plaintiff filed its opposition to Defendant's motion. The parties filed their respective replies to the oppositions on March 26, 2012.
Fed. R. Civ. P. 56(a). The moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see Fed. R. Civ. P. 56(c)(1)(A). "Where the non-moving party bears the burden of proof at trial, the moving party need only prove that there is an absence of evidence to support the non-moving party's case." In re Oracle Corp. Securities Litigation, 627 F.3d 376, 387 (2010) (citing Celotex, supra, at p. 325). If the moving party meets its initial burden, the burden shifts to the non-moving party to present evidence establishing the existence of a genuine dispute as to any material fact. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S.Ct. 1348, 89 L.Ed.2d 538. A court ruling on a motion for summary judgment must construe all facts and inferences in the light most favorable to the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Even if the motion is unopposed, the movant is not absolved of the burden to show there are no genuine issues of material fact, Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993), although the court may assume the movant's assertions of fact to be undisputed for the purposes of the motion and grant summary judgment if the facts and other supporting materials show the movant is entitled to it. See Fed. R. Civ. P. 56(e)(2), (3).
A. Principles of contract interpretation in the context of insurance policies - "[I]nterpretation of an insurance policy is a question of law," and "[w]hile insurance contracts have special features, theyare still contracts to which the ordinary rules of contractual interpretation apply." Palmer v. Truck Ins. Exchange, 21 Cal.4th 1109, 1115, 90 Cal.Rptr.2d 647, 988 P.2d 568 (1999) (internal citations and quotations omitted). " ' " Ameron Intern. Corp. v. Insurance Co. of State of Pennsylvania, 50 Cal.4th 1370, 1377-78, 118 Cal.Rptr.3d 95, 242 P.3d 1020 (2010) (quoting Waller v. Truck Ins. Exchange, Inc., 11 Cal.4th 1, 18, 44 Cal.Rptr.3d 370, 900 P.2d 619 (1995)) (internal citations omitted). Accordingly, Minkler v. Safeco Ins. Co. of America, 49 Cal.4th 315, 321, 110 Cal.Rptr.3d 612, 232 P.3d 612 (2010).
If the terms of an insurance policy are not clear and explicit, but "susceptible of two or more reasonable constructions," they are ambiguous. Ameron Intern. Corp., supra, 50 Cal.4th at 1378. Minkler, supra, 49 Cal.4th at 321 (internal citations omitted). "To further ensure that coverage conforms fully to the objectively reasonable expectations of the insured, the corollary rule of interpretation has developed that, in cases of ambiguity, basic coverage provisions are construed broadly in favor of affording protection, but clauses setting forth specific exclusions from coverage are interpreted narrowly against the insurer." Id. at 322. Palp, Inc. v. Williamsburg Nat. Ins. Co., 200 Cal.App.4th 282, 290, 132 Cal.Rptr.3d 592 (2011).
Palp, supra, at 200 Cal.App.4th at 290; Montrose Chemical Corp. v. Superior Court, 6 Cal.4th 287, 300, 24 Cal.Rptr.2d 467, 861 P.2d 1153 (1993) () . With the foregoing principles in mind, the Court now proceeds to address the parties' contentions.
B. Coverage for "wrongful acts" under Option DO, the directors and officers liability provision - The contractual duties generally owed by an insurer to its insured are to defend, indemnify and pay policy benefits. Campbell v. Superior Court, 44 Cal.App.4th 1308, 1319, 52 Cal.Rptr.2d 385 (1996). The primary issue in this case is whether Defendant had a duty to defend Plaintiff in the discrimination and wrongful termination lawsuit brought against Plaintiff by its former employee, Michelle Carpenter, and whether Defendant breached that duty...
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