Residence Mutual Insurance v. Travelers Indemnity Co.

26 F. Supp. 3d 965, 2014 WL 2711175, 2014 U.S. Dist. LEXIS 81700
CourtDistrict Court, C.D. California
DecidedJune 13, 2014
DocketNo. CV 13-09141-RSWL (AGRx)
StatusPublished
Cited by5 cases

This text of 26 F. Supp. 3d 965 (Residence Mutual Insurance v. Travelers Indemnity Co.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Residence Mutual Insurance v. Travelers Indemnity Co., 26 F. Supp. 3d 965, 2014 WL 2711175, 2014 U.S. Dist. LEXIS 81700 (C.D. Cal. 2014).

Opinion

[968]*968ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [18] AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT [20]

RONALD S.W. LEW, Senior District Judge.

Currently before the Court are Plaintiff Residence Mutual Insurance Company’s (“Plaintiff’) Motion for Summary Judgment [18] and Defendant Travelers Indemnity Company of Connecticut’s (“Defendant”) Cross-Motion for Summary Judgment [20]. The Court, having reviewed all papers submitted pertaining to these Motions, NOW FINDS AND RULES AS FOLLOWS: The Court GRANTS in part, DENIES in part Plaintiffs Motion for Summary Judgment and GRANTS in part, DENIES in part Defendant’s Cross-Motion for Summary Judgment.

I. BACKGROUND

Plaintiff issued a Homeowners Policy to Michael H. Chu and Susan Chu as the named insureds (“Plaintiffs Policy”). Pl.’s Statement of Uncontroverted Facts and Conclusions of Law (“Pl.’s SUF”) # 1.

Defendant issued a Commercial General Liability policy to Daeil America Corporation, dba Temeku Hills Golf and Country (“Temeku Hills”) as the named insured (“Defendant’s Policy”). Id. at #2. Mrs. Chu, as a renter or operator of a golf cart at Temeku Hills, was made an additional insured of Defendant’s Policy by the Golf or Country Club Facilities Xtend Endorsement (“Country Club Endorsement”). See id. at # 3.

On or about February 18, 2011, Mrs. Chu was driving a golfmobile at Temeku Hills when she allegedly struck and injured Maria Haugh with a golfmobile (“the Golfmobile Accident”). Id. at #4. As a result of the Golfmobile Accident, Maria Haugh filed an action for bodily injury against Mrs. Chu (“Underlying Action”). Id. at # 5. Mrs. Chu tendered defense of the Underlying Action to Plaintiff, and Plaintiff agreed to provide a defense and indemnity to Mrs. Chu under Plaintiffs Policy. Id. at # 6.

Plaintiff requested that Defendant participate in the defense and indemnity of Mrs. Chu with respect to the Underlying Action, asserting that Defendant provided coverage to Mrs. Chu as a person legally responsible for the use of a golfmobile she rented from Temeku Hills. Id. at # 10. Defendant rejected said request and refused to participate in the defense of Mrs. Chu. Id. at # 11. However, Defendant paid $100,000 towards the settlement of the ’ Underlying Action. Id. at # 20. Plaintiff also paid $100,000 toward the settlement while reserving the right to seek equitable contribution from Defendant in this Action. Id. On February 7, 2014, the Underlying Action was settled for $200,000 and is in the process of being dismissed against Mrs. Chu. Id. at # 9.

Plaintiff alleges that Defendant must participate in the defense and indemnity of Mrs. Chu as an insurer with respect to the Underlying Action on a pro rata basis according to the respective liability limits of the respective policies. Compl. ¶ 21(a). Plaintiffs Policy has a Personal Liability Limit of $300,000. Pl.’s SUF # 14. Defendant’s Policy has a General Liability Each Occurrence Limit of $1,000,000. Id. at # 15.

Plaintiff also alleges that Defendant must reimburse Plaintiff for , amounts Plaintiff has expended defending Mrs. Chu in the Underlying Action in excess of the amount of the equitable share Plaintiff whs required to pay. Compl. ¶ 21(b).

[969]*969Plaintiff paid all of Mrs. Chu’s defense costs — $11,500—incurred in the Underlying Action. Pl.’s SUF # 7. Plaintiff contends that the amount it paid in defense costs is in excess of $2,645.00 — what Plaintiff believes is its equitable pro rata share for defense costs. Id. Plaintiff also alleges that it paid $100,000 to settle the Underlying Action, which is in excess of $46,000— what Plaintiff believes is its equitable pro rata share for settlement costs. Id. at # 8.

Defendant removed this Action from Los Angeles Superior Court to this Court on December 11, 2013 [1]. On March 19, 2014, Plaintiff filed its Motion for Summary Judgment [18]. On April 2, 2014, Defendant filed its Opposition to Plaintiffs Motion for Summary Judgment and also filed a Cross-Motion for Summary Judgment [20]. Plaintiff filed a Reply in support of its Motion for Summary Judgment on April 9, 2014 [23] and an Opposition to Defendant’s Cross-Motion for Summary Judgment on April 16, 2014 [24]. Defendant filed a Reply in support of its Cross-Motion for Summary Judgment on April 23, 2014[ 25].

Plaintiff presently moves for summary judgment on its two claims for declaratory relief and equitable contribution. Specifically, Plaintiff seeks an.order that (1) Defendant must participate in the defense and indemnity of Mrs. Chu with Plaintiff and share the costs on a pro rata basis and (2) Plaintiff is entitled to equitable contribution from Defendant with respect to the defense and indemnity costs Plaintiff incurred as to the Underlying Action.

Defendant also presently moves for summary judgment. As to Plaintiffs first cause of action for declaratory relief, Defendant moves for summary judgment declaring that Defendant had no obligation to defend Mrs. Chu or to pay any portion of the $200,000 settlement in the Underlying Action. Defendant requests that the Court order Plaintiff to reimburse Defendant for the $100,000 that Defendant paid to fund the settlement. As to Plaintiffs second cause of action for equitable contribution, Defendant moves for summary judgment declaring that Defendant has no legal or equitable obligation to contribute to Plaintiff for the defense and indemnity of the Underlying Action. Alternatively, if the Court determines that the Parties are obligated to share the loss, Defendant maintains that the cost of defending and settling the Underlying Action should be shared equally rather than allocating the loss according to the ratio of policy limits. Cross-Mot. 1:23-28.

The hearing for Plaintiffs Motion for Summary Judgment was originally set for April 23, 2014, but the Court continued the hearing for Plaintiffs Motion for Summary Judgment to be heard with Defendant’s Cross-Motion for Summary Judgment [21], Both motions were set for hearing on May 7, 2014 and were taken under submission on May 2, 2014 [26].

II. LEGAL STANDARD

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A fact is “material” for purposes of summary judgment if it might affect the outcome of the suit, and a “genuine issue” exists if the evidence is such that a reasonable fact-finder could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence, and any inferences based on underlying facts, must be viewed in the light most favorable to the opposing party. Twentieth Century-Fox Film Corp. v. MCA Inc., 715 F.2d 1327, 1329 (9th Cir.1983).

[970]*970Where the moving party does not have the burden of proof at trial on a dispositive issue, the moving party may meet its burden for summary judgment by showing an “absence of. evidence” to support the non-moving party’s case. Celotex v. Catrett,

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26 F. Supp. 3d 965, 2014 WL 2711175, 2014 U.S. Dist. LEXIS 81700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/residence-mutual-insurance-v-travelers-indemnity-co-cacd-2014.