Praetorian Insurance Co. v. A R Business Group, Inc.

229 F. Supp. 3d 1142, 2017 U.S. Dist. LEXIS 6402, 2017 WL 202452
CourtDistrict Court, E.D. California
DecidedJanuary 17, 2017
DocketNo. 2:13-cv-02639-MCE-EFB
StatusPublished

This text of 229 F. Supp. 3d 1142 (Praetorian Insurance Co. v. A R Business Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Praetorian Insurance Co. v. A R Business Group, Inc., 229 F. Supp. 3d 1142, 2017 U.S. Dist. LEXIS 6402, 2017 WL 202452 (E.D. Cal. 2017).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., UNITED STATES DISTRICT JUDGE

This case concerns two civil actions filed in the Sacramento County Superior Court (the “Underlying Actions”). Those suits seek to hold AR Business Group, Inc. d/b/a US Tire & Wheel (“USTW”) liable for deaths and injuries that resulted from a motor vehicle accident. USTW was insured at the time by the plaintiff in this suit, Praetorian Insurance Co. Praetorian brought this suit in federal court pursuant to its diversity jurisdiction, seeking declaratory relief that any liability attributed to USTW in the Underlying Actions is not covered by USTW’s insurance policy and that Praetorian, therefore, has no duty to defend USTW in those actions. Furthermore, Praetorian seeks reimbursement from USTW for all fees and costs it has already incurred in defending USTW in the Underlying Actions. Before the Court now are cross Motions for Summary Judgment. ECF Nos. 46, 48. For the reasons below, Plaintiffs motion is GRANTED, while Defendants’ motion is DENIED.1

BACKGROUND2

This suit concerns the duties and obligations of Praetorian in relation to two civil actions currently pending against USTW in the Sacramento County Superior Court. Those actions arise out of a very serious rollover accident which occurred on Interstate 5 in Merced County on June 20, 2011. Defendant Marshaun Tate was driv-tag a Ford Explorer with three passengers when the left rear wheel tire’s tread separated, causing the Explorer to roll over. Tate’s wife, Iezert Tate, and Elíseo Quinte-ro, Jr.—both passengers—suffered fatal injuries from the accident. Tate and his son—the third passenger—suffered nonfatal injuries.

Only days before the accident, USTW had sold and installed four used tires on Tate’s Explorer. Tate and his son, through a guardian ad litem, filed one of the Underlying Actions in Sacramento County Superior Court, while Elíseo Quintero Sr. and Aida Quintero filed the other. In those Underlying Actions, the Tates and the Quinteros allege that the tires USTW sold and installed on the Explorer contained manufacturing defects. Furthermore, they allege that the tires were the wrong type for the Explorer, were too old, and were negligently placed on the vehicle. Because of these errors and defects, the Tates and Quinteros seek to hold USTW liable for the injuries and deaths that resulted from the June 20, 2011 accident.

During the period when USTW installed the tires on Tate’s Explorer, it had an insurance policy from Praetorian that covered liability stemming from accidents caused by USTW’s auto repair work. The relevant language reads:

SECTION II—LIABILITY COVERAGE
A. Coverage
1. “Garage Operations”—Other Than Covered “Autos”
a. We will pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies caused by [1145]*1145an “accident” and resulting from “garage operations” other than the ownership, maintenance or use of covered “autos”. We have the right and duty to defend any “insured” against a “suit” asking for these damages. However, we have no duty to defend any “insured” against a “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply.
2. “Garage Operations”—Covered “Autos”
We will pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from “garage operations” involving the ownership, maintenance or use of covered “autos”.
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We have the right and duty to defend any “insured” against a “suit” asking for such damages or a “covered pollution cost or expense”. However, we have no duty to defend any “insured” against a “suit” seeking damages for “bodily injury” or “property damage” or a “covered pollution cost or expense” to which this insurance does not apply.

The policy also contained several exclusions, one of which is the subject of this litigation:

Named Insured’s Signature
This endorsement shall apply to any continuation, reinstatement, renewal or replacement of the above mentioned policy by the Named Insured. (If no entry appears above, information required to USED TIRES AND RECAPPED TIRES EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM GARAGE LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY FORM
Named Insured: Chat Auto Sales & US Tire & Wheel
Policy Number: P0007014946
Endorsement Effective: 04/21/2011
Countersigned By (authorized Representative): Susan Matlock
BUSINESS AUTO COVERAGE FORM, SECTION II-LIABILITY COVERAGE, Part B. EXCLUSIONS, GARAGE COVERAGE FORM, SECTION II-LIABILITY COVERAGE, Part B. EXCLUSIONS and COMMERCIAL GENERAL LIABILITY FORM, SECTION I-COVERAGES, Part 2. EXCLUSIONS are amended to include the following:
USED TIRES AND RECAPPED TIRES EXCLUSION:
“Bodily injury” or “property damage”, arising out of a defect in, or failure of, one or more tires which were not new when sold or installed by the “insured” or had been recapped, retreaded or re-grooved by the “insured”, its agent, employee(s) of independent contractor(s).
ORIGINAL SIGNATURE ON FILE
Date
complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

[1146]*1146DMI CA 85 4-06.

Praetorian alleges that this Exclusion precludes it from covering any liability USTW incurred as a result of the June 20, 2011 accident and from any duty to defend USTW in the Underlying Actions. Accordingly, Praetorian brought this suit seeking declaratory relief. Because USTW has since become bankrupt, Praetorian named the plaintiffs in the Underlying Actions co-defendants in this action as the real parties in interest.

STANDARD

The Federal Rules of Civil Procedure provide for summary judgment when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). One of the principal purposes of Rule 56 is to dispose of factually unsupported claims or defenses. Celotex, 477 U.S. at 325, 106 S.Ct. 2548.

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Cite This Page — Counsel Stack

Bluebook (online)
229 F. Supp. 3d 1142, 2017 U.S. Dist. LEXIS 6402, 2017 WL 202452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/praetorian-insurance-co-v-a-r-business-group-inc-caed-2017.