Northfield Insurance Co. v. Civic Center Hotel, LLC

239 F. Supp. 3d 1163, 2017 WL 914287, 2017 U.S. Dist. LEXIS 33328
CourtDistrict Court, N.D. California
DecidedMarch 8, 2017
DocketCase No. 3:16-cv-06056-WHO
StatusPublished
Cited by4 cases

This text of 239 F. Supp. 3d 1163 (Northfield Insurance Co. v. Civic Center Hotel, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northfield Insurance Co. v. Civic Center Hotel, LLC, 239 F. Supp. 3d 1163, 2017 WL 914287, 2017 U.S. Dist. LEXIS 33328 (N.D. Cal. 2017).

Opinion

ORDER GRANTING MOTION TO STAY

William H. Orrick, United States District Judge

INTRODUCTION

Northfield Insurance Company (“North-field”) brought this action for declaratory relief against defendants Civic Center Hotel, LLC; Balvantsinh “Bill” Thakor; and U.A. Local 38 Pension Trust Fund (collectively, “Civic Center Defendants”) concerning its obligation to provide insurance coverage for certain types of damages in two underlying state court actions in which tenants of the Civic Center Hotel allege inhabitable conditions. The underlying actions are ongoing and Northfield does not deny its duty to defend. However, it seeks [1166]*1166a declaration that certain damages are not covered under Northfield Insurance Policies (2012/2013 Policy, 2013/2014 Renewal, and 2014/2015 Renewal), and now moves for summary judgment that attorneys’ fees, restitution, and penalties are not covered under the policies. Concurrently, defendant U.A. Local 38 moves to dismiss this action because it is not ripe, or to stay pending resolution of the underlying actions. Additionally, defendants Civic Center Hotel and Bill Thakor move for summary judgment on plaintiffs’ fifth cause of action that the “habitability of premises” exclusion is unenforceable as a matter of law.

Northfield’s justification for proceeding now is that a resolution on coverage for the three categories of damages will help facilitate settlement negotiations. That is not a persuasive reason for the Court to exercise jurisdiction. While this action satisfies constitutional and statutory jurisdictional prerequisites, I will STAY it pending resolution of the underlying actions in Superior Court. I do not reach the merits of the pending motions for summary judgment.

BACKGROUND

I. FACTUAL BACKGROUND

A. The Northfield Insurance Policies

Northfield Insurance Company (“North-field”) is a surplus lines insurer that uses Coastal Brokers Insurance Services, Inc. (“Coastal Brokers”) as its California agent. Northfield’s Opp’n to Defs.’ Mot. for P. Summ. J. at 1 (Dkt. No. 61). Northfield provided the defendants with insurance from 2012 to 2015. Compl. ¶¶ 10-13 (Dkt. No. 1). The initial insurance policy includes general commercial liability (“GCL”) and covers a period of March 31, 2012 to March 31, 2013 (“Northfield 2012/2013 policy”), Compl., Ex. A (Dkt. No. 1-1); see also Tucker Deck, Ex. A (Dkt. No. 24-1). This policy was renewed for a coverage period of March 31,2013 to March 31,2014 (“Northfield 2013/2014 policy”), Compl., Ex. B (Dkt. No. 1-2); see also Tucker Decl., Ex. B; and again from March 31, 2014 to March 31, 2015 (“Northfield 2014/2015 policy”), Compl., Ex. C (Dkt. No. 1-3); see also Tucker Deck, Ex. C. Aside from one critical difference described below, the Northfield Policies, naming as insured “Civic Center Hotel, LLC. DBA: Civic Center Hotel,” are “materially identical in all relevant respects.” Compl. ¶ 13. Under each of the policies, Local 38 Trust, owner of the property, is named as an additional insured, “but only with respect to liability for ‘bodily injury,’ ‘property damage’ or ‘personal and advertising injury’ caused, in whole or in part, by the acts and omissions of Civic Center Hotel.... ” Id. ¶ 14.

The policies cover “Bodily Injury and Property Damage Liability” under Coverage A and “Personal and Advertising Injury Liability” under Coverage B, and provide that Northfield “will pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ [or ‘personal and advertising injur/] to which this insurance applies.” Compl. ¶ 15 (quoting policies); see also Pk’s Mot. for Summ. J. at 2 (“Pb’s MSJ”)(Dkt. No. 23); Local 38’s Mot. to Dismiss or Stay at 5 (“MTDS”)(Dkt. No. 26). The “bodily injury” or “property damage” must be caused by an “occurrence,” defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” Compl. ¶ 15-16 (quoting policies). “Bodily injury” is defined as “bodily injury, sickness or disease sustained by a person.... ” Id. ¶ 16.

Northfield alleges that the provision entitled “Supplementary Payments” expressly excludes attorneys’ fees.

[1167]*11671. [The insurer] will pay, with respect to any claim we investigate or settle, or any “suit” against an insured we defend:
e. All court costs taxed against the insured in the “suit.” However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured.

Tucker Dec!., Exs. A, B, C (Dkt. No. 24-1). It also contends that each of the North-field Policies excludes coverage for “punitive or exemplary damages, fines, penalties or multiplied damages. Compl. ¶ 21; Tucker Decl. ¶¶ 2-4; Ex. A; Ex. B; Ex. C.

The 2014/2015 Northfield Policy differs from the prior policies in that it includes an additional exclusion for both Coverage A and Coverage B, entitled “Habitability of Premises.” Defs.’ Cross-Motion for Partial Summ. J. at 6 (“Defs.’ MPSJ”)(Dkt. No. 50).

Exclusion—Habitability of Premises

The following exclusion is added to Paragraph 2., Exclusions, of SECTION I—COVERAGES—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY [and] COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY:
“Bodily injury” or “property damage” [or] “Personal and advertising injury”: (1) Arising out of the:
(a) Actual or alleged violation of any federal, state or local law, code, regulation, ordinance or rule relating to the habitability of any premises;
(b) Breach of any lease, rental agreement, warranty or covenant to maintain a premises in a habitable condition; or
(c) Wrongful eviction from, wrongful entry into or invasion of the right of private occupancy of a room, dwelling or premises, whether actual or constructive, due to failure to maintain a premises in a habitable condition;
(2) Alleged in any claim or “suit” that also alleges any violation, breach or wrongful eviction, entry or invasion as set forth in Paragraphs (l)(a)—(c) above.

Compl. ¶ 24 (quoting 2014/2015 Policy); Tucker Deck ¶ 4; Ex. C.

B. The Underlying Actions

In the summer of 2014, fifty plaintiffs sued the Civic Center defendants in Galindo, et al. v. Security Title Insurance Co., Civic Center Hotel, et al., and in 2015, an additional forty-two plaintiffs brought suit in Covino, et al. v. Civic Center Hotel, et al. Baker Decl. ¶¶ 4-6 (Dkt. No. 27); Baker Decl., Ex. B (Galindo Compl.)(Dkt. No. 27-2); Baker Decl., Ex. D (Covino Compk)(Dkt. No. 27-4)(eollectively, “the Underlying Actions”). Both actions were filed in Superior Court of California, County of San Francisco, and concern alleged non-habitable conditions at the Civic Center Hotel, located at 20 12th Street in San Francisco. Compl. ¶ 1; Pk’s MSJ at 2.

The Galindo plaintiffs allegedly had oral lease agreements with the Civic Center Defendants and claimed that the defendants ignored plaintiffs’ requests to repair defective conditions, including mold contamination. Compl, ¶27. The Galindo

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239 F. Supp. 3d 1163, 2017 WL 914287, 2017 U.S. Dist. LEXIS 33328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northfield-insurance-co-v-civic-center-hotel-llc-cand-2017.