Office Depot Inc. v. AIG Specialty Insurance Co.
Published: Feb. 14, 2020 | Result Date: Nov. 8, 2019 | Filing Date: Apr. 2, 2015 |Case number: 2:15-cv-02416-SVW-JPR Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Brent W. Brougher
(Kilpatrick, Townsend & Stockton LLP)
Kollin J. Zimmermann
(Kilpatrick, Townsend & Stockton LLP)
Defendant
Mark A. Neubauer
(Carlton Fields LLP)
Harvey W. Geller
(Carlton Fields LLP)
Daniel G. Enriquez
(Carlton Fields LLP)
Steven J. Brodie
(Carlton Fields LLP)
Facts
Office Depot Inc. filed a lawsuit against AIG Specialty Insurance Co. over a dispute regarding insurance dispersals.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that it had a contract with defendant whereby defendant agreed to pay plaintiff if plaintiff lost a lawsuit against a public entity. Plaintiff contended that it owed Los Angeles County $77.5 million resulting from a settlement agreement over allegedly fraudulent pricing practices.
DEFENDANT'S CONTENTIONS: Defendant contended that it did not need to indemnify plaintiff because plaintiff's wrongful acts stemmed from outside the policy period. Defendant contended that as a matter of law, it only had a duty to indemnify for wrongful acts that began after the policy was promulgated.
Result
The court granted defendant's motion for summary judgment. It found that defendant had no duty to indemnify because plaintiff's wrongful acts stemmed from before the policy period.
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