Golden Eagle Insurance Corporation v. Maryland Casualty Company, et al.
Published: Sep. 10, 2011 | Result Date: Mar. 18, 2011 | Filing Date: Jan. 1, 1900 |Case number: 5:10-cv-00975-VAP Bench Decision – Plaintiff
Facts
The Colonies-Pacific LLC entered into a shopping center lease with the tenant My Jeweler Inc., a jewelry store, on Oct. 3, 2005. Golden Eagle Insurance insured The Colonies-Pacific, LLC. My Jeweler Inc. was robbed. The owner of My Jeweler was beaten and seriously injured by the robbers and the victim's daughter witnessed the beating. The victim and his daughter sued the shopping center. Golden Eagle defended the shopping center and sought declaratory relief and subrogation from My Jeweler's carrier.
Contentions
PLAINTIFF'S CONTENTIONS:
Golden Eagle claimed that the jewelry store/tenant's carrier was primary under Hartford Casualty Insurance v. Travelers Indemnity, 110 Cal. App. 4th 710 (2003).
DEFENDANT'S CONTENTIONS:
Maryland Casualty claimed that the jewelry store/tenant's carrier was not primary because the tenant/jewelry store was not at fault.
Result
The court granted summary judgment in favor of plaintiff, finding that defendant's policy was primary, and that defendant owed 100 percent of defense and indemnity.
Other Information
FILING DATE: April 24, 2010.
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