HILB Rogal and Hobbs Insurance Services of California v. Indian Harbor Insurance Co
Filing
88
JUDGMENT by Judge John F. Walter, (1) The Court declares that Insurance Agents and Brokers Professional Liability Insurance Policy No. ELU086489-04 (the "Policy") issued to Hilb Rogal & Hobbs Company ("HRH"), the parent company of Hilb Rogal & Hobbs Insurance Services of California, Inc. ("HRH of California"), does not provide coverage for the lawsuit captioned Williams v. Robert F. Driver, Co., et al., No. VC044754, Los Angeles Superior Court (the "Williams Ac tion"), by reason of the Policy's Pending and Prior Litigation Exclusion (Endorsement No. 7). (see document for further details). HRH of California takes nothing on its Amended Complaint against Indian Harbor, and the Amended Complaint aga inst Indian Harbor is dismissed onthe merits; Indian Harbors Counterclaim and Third-Party Complaint are dismissed without prejudice as moot; Indian Harbor shall recover its costs from HRH of California and/or its parent company HRH. Related to: MOTION for Summary Judgment 47 . (MD JS-6, Case Terminated). (jp)
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ROSS, DIXON & BELL, LLP
5 PARK PLAZA , S U I T E 1 2 0 0 IR V I N E , CA 9 2 6 1 4 - 8 5 9 2
PAUL L. GALE (SBN 65873) Email: pgale@rdblaw.com ERIK M. PRITCHARD (SBN 244622) Email: epritchard@rdblaw.com ROSS, DIXON & BELL, LLP 5 Park Plaza, Suite 1200 Irvine, California 92614-8529 Telephone: (949) 622-2700 Fax: (949) 622-2739 Attorneys for Defendant, Counterclaim Plaintiff and Third-Party Plaintiff Indian Harbor Insurance Company UNITED STATES DISTRICT COURT
JS-6
CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION HILB ROGAL & HOBBS INSURANCE SERVICES OF CALIFORNIA, INC., Plaintiff, v. INDIAN HARBOR INSURANCE CO., Defendant. AND RELATED COUNTERCLAIMS AND THIRD-PARTY CLAIMS. Case No. CV 07-07104 JFW (JCx) HONORABLE JOHN F. WALTER JUDGMENT
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Pursuant to this Court's November 5, 2008 Order granting Indian Harbor Insurance Company's Motion for Summary Judgment, and after full consideration of the authorities submitted by counsel, counsel's briefing and all evidence presented, the issues having been duly heard and the motion having been granted, IT IS ORDERED, DECLARED AND ADJUDGED as follows:
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[PROPOSED] JUDGMENT
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ROSS, DIXON & BELL, LLP
5 PARK PLAZA , S U I T E 1 2 0 0 IR V I N E , CA 9 2 6 1 4 - 8 5 9 2
(1) The Court declares that Insurance Agents and Brokers Professional Liability Insurance Policy No. ELU086489-04 (the "Policy") issued to Hilb Rogal & Hobbs Company ("HRH"), the parent company of Hilb Rogal & Hobbs Insurance Services of California, Inc. ("HRH of California"), does not provide coverage for the lawsuit captioned Williams v. Robert F. Driver, Co., et al., No. VC044754, Los Angeles Superior Court (the "Williams Action"), by reason of the Policy's Pending and Prior Litigation Exclusion (Endorsement No. 7). (2) The Court further declares that Indian Harbor did not waive its coverage defenses, nor is Indian Harbor estopped from denying coverage. (3) The Court further declares that HRH of California cannot maintain a claim against Indian Harbor for breach of the duty of good faith and fair dealing under California law, because Indian Harbor did not breach the insurance contract in denying coverage for the Williams Action and no benefits are due under the Policy in connection with the Williams Action. Further, New York law does not recognize an independent tort cause of action for bad faith denial of insurance coverage. (4) HRH of California takes nothing on its Amended Complaint against Indian Harbor, and the Amended Complaint against Indian Harbor is dismissed on the merits. (5) Indian Harbor's Counterclaim and Third-Party Complaint are dismissed without prejudice as moot. (6) Indian Harbor shall recover its costs from HRH of California and/or its parent company HRH. Dated: November 18, 2008
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The Honorable John F. Walter United States District Court Judge
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[PROPOSED] JUDGMENT
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