Nautilus Insurance Company v. Golden Eagle Insurance Company (GEIC); and State of California, et al.
Published: Feb. 22, 1997 | Result Date: Jul. 19, 1996 | Filing Date: Jan. 1, 1900 |Case number: C9320146 – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joe Hanna
(technical)
Defendant
Donald Fowler
(technical)
Donald H. Hillebrandt
(technical)
Facts
Plaintiff Nautilus Insurance Company (NIC) and defendant Golden Eagle Insurance Company (GEIC) provided liability insurance to defendant Ronn Letterman, the owner of 50 acres of property in Boulder Creek. In this declaratory relief action, the plaintiff sought a determination that GEIC had a duty to defend and indemnify Letterman as an additional insured under a policy issued by GEIC to a contractor who provided grading services on Letterman's property. The State of California had previously brought an action in state court against Letterman and the grading contractor for unlawful grading activities which caused erosion of silt and sediment into Bear Creek. The issue before the federal district court was whether the "subsidence of land or soil exclusion" contained in the GEIC policy applied to this case and precluded insurance coverage.
Settlement Discussions
The settlement discussions were not disclosed.
Other Information
POST TRIAL MOTIONS: The defendant made a motion to amend the findings to allow the court to hear other defenses. The plaintiff claimed the parties will soon attend a second bench trial to address other policy defenses raised by the defendant. The plaintiff also claimed a third trial will be held thereafter to address allocation of insurance proceeds.
Length
2 days
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