Riverport Insurance v. Oakland Community Housing, Inc.

668 F. Supp. 2d 1235, 2009 U.S. Dist. LEXIS 104472
CourtDistrict Court, N.D. California
DecidedNovember 6, 2009
DocketNo. C 08-3883 VRW
StatusPublished
Cited by1 cases

This text of 668 F. Supp. 2d 1235 (Riverport Insurance v. Oakland Community Housing, Inc.) 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
Riverport Insurance v. Oakland Community Housing, Inc., 668 F. Supp. 2d 1235, 2009 U.S. Dist. LEXIS 104472 (N.D. Cal. 2009).

Opinion

VAUGHN R. WALKER, Chief Judge.

This action arose in August 2008, when plaintiff Riverport Insurance Company (“Riverport”) sought declaratory relief that it was not obligated to defend or indemnify The John Stewart Company (“JS Co.”) and Loren Sanborn (“Sanborn”) (collectively “defendants”) in an action pending in Alameda County superior court, Scroggins et al v. Oakland Community Housing, Inc (“Scroggins ”). Doc. # 1. Riverport filed a first amended complaint (FAC) on June 15, 2009. Doc. # 132. In June 2009, the court granted summary judgment deciding that Riverport owed no duty to defend or indemnify JS Co. or Sanborn in Scroggins. Doc. ## 131, 140. The only remaining claim asserted by Riverport is for reimbursement, but Riverport filed a declaration indicating its intent to withdraw the claim, Doc. # 151, and reiterated its intent to do so at the November 5, 2009 hearing.

Defendants filed their answer to the FAC on August 31, 2008 and asserted two counterclaims. Doc. # 148. Riverport now seeks summary judgment on those counterclaims or, alternatively, asks the court to dismiss them pursuant to FRCP 12(b)(6). Doc. #150.

In reviewing a summary judgment motion, the court must determine whether genuine issues of material fact exist, resolving any doubt in favor of the nonmoving party. “[Sjummary judgment will not lie if the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Id. The burden of establishing the absence of a genuine issue of material fact lies with the moving party. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The admissible evidence presented by the nonmoving party “is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Summary judgment is proper only if the moving party is entitled to judgment as a matter of law. FRCP 56(c). FRCP 56(f) permits the court to enter any “just order” if a party opposing summary judgment shows, by affidavit, that “for specified reasons, it cannot present facts essential to justify its opposition.” For the reasons explained below, Riverport’s motion for summary judgment is GRANTED.

[1237]*1237I

Defendants’ first counterclaim seeks declaratory relief that Riverport owed defendants a duty to provide notice of cancellation of the Riverport policies to defendants and that Riverport has a duty to defend and indemnify defendants in Scroggins. Id. at 7-8. Defendants’ second counterclaim alleges that Riverport breached its duty of good faith and fair dealing because Riverport’s failure to provide notice of cancellation of the policy at issue was “improper and unreasonable.” Id. at 9. River-port seeks summary judgment on both claims, arguing that Riverport owes no duty to defend or indemnify defendants in Scroggins and that defendants were not entitled to a notice of cancellation of the insurance policy. Doc. # 150. Defendants oppose the motion and have filed an affidavit under FRCP 56(f), Doc. # 155, asserting that they need time to conduct additional discovery regarding their status as insureds under the policy in order to oppose the motion.

A

With regard to defendants’ first counterclaim seeking declaratory relief that River-port has a duty to defend and indemnify defendants in Scroggins, Doc. # 148 at 8-9, Riverport argues that the court should adopt its previous rulings and hold that Riverport has no duty to defend or indemnify defendants. Doe. # 150 at 14 (citing Doc. # 131). Defendants counter that the relief sought in the first counterclaim is broader than the question already decided by the court, because defendants seek defense and indemnity under the professional liability coverage section in the policy, which the court did not consider in its previous ruling. Doc. # 157 at 6. Additionally, defendants seek coverage for the cross-complaint they recently filed in Scroggins. Id. Riverport responds that defendants had the opportunity to raise professional liability coverage at the previous summary judgment hearing but failed to do so; furthermore, Riverport argues that defendants are not covered under the professional liability coverage section and that defense and indemnity coverage does not extend to cross-claims asserted by defendants. Doc. # 159 at 6-10.

The court has previously held that Riverport has no duty to defend or indemnify defendants in Scroggins. Doc. # 131 at 9-11. While the court is not bound by its previous decision, the court nevertheless adopts its previous reasoning because the claims in Scroggins for which defendants seek defense and indemnification are not covered due to the habitability exclusion in the Riverport policy. Id.

The additional grounds for coverage put forth by defendants are unconvincing. Defendants are covered as additional insureds under the commercial general liability section because they acted as “real estate managers.” Doc. # 55 at 16. The professional liability section does not provide coverage for real estate managers as additional insureds; moreover, nothing in the section extends coverage to defendants. Doc. # 159-1 at 5, 9. Defendants have not raised a genuine issue of material fact that they are covered under the professional liability section.

Defendants also argue that the duty to defend or indemnify arises because defendants have recently filed cross-claims in Scroggins. But defendants cannot be entitled to a defense for the cross-claims, as they are acting as claimants, not defendants.

Defendants have failed to raise a genuine issue of material fact that Riverport owes a duty to defend or indemnify them in Scroggins.

B [1238]*1238to provide notice of cancellation of the insurance policy when it notified Oakland Community Housing Incorporated of its intent to cancel on July 11, 2008. Doc. # 148 at 8-9. Under section 677.2 of the California Insurance Code, insurers are required to provide notice of cancellation in writing to the “named insured.” At least one California court has noted that the notice requirement does not apply to additional insureds. Kotlar v. Hartford Fire Ins. Co., 83 Cal.App.4th 1116, 1121 n. 3, 100 Cal.Rptr.2d 246 (2d Dist.2000). No California court has held otherwise. Thus, whether defendants were entitled to notice of cancellation depends on their status as insureds.

[1237]*1237Defendants seek a declaratory judgment that Riverport breached its duty

[1238]*1238Defendants argue that a certificate of liability insurance they received entitles them to status as a named insured under the policy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Riverport Ins. Co. v. OAKLAND COMMUNITY HOUSING
668 F. Supp. 2d 1235 (N.D. California, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
668 F. Supp. 2d 1235, 2009 U.S. Dist. LEXIS 104472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverport-insurance-v-oakland-community-housing-inc-cand-2009.