Opinion
CASE NO: 5:11-CV-03159-LHK
11-29-2011
THE AMERICAN INSURANCE COMPANY, Plaintiff, v. LIBERTY SURPLUS INSURANCE CORPORATION; and DOES 1 through 50, Defendants.
WILSON & ELLIN Keith A. Turner Attorneys for Plaintiff THE AMERICAN INSURANCE COMPANY BURNHAM & BROWN David H. Waters Attorneys for Defendant LIBERTY SURPLUS INSURANCE CORPORATION
Keith A. Turner (State Bar No. 120414)
WILSON & ELLIN
Attorneys for Plaintiff
THE AMERICAN INSURANCE COMPANY
Case assigned to the San Jose Courthouse
Courtroom 8, Honorable Lucy H. Koh
STIPULATION AND ORDER
WHEREAS plaintiff The American Insurance Company has recently discovered that Greenwich Insurance Company issued private company reimbursement insurance policies to Prometheus Real Estate Group that American believes potentially provide coverage to Prometheus and Lick Mill Creek Apartments in Santa Clara County Superior Court case no. 108 CV 118002 ("the underlying action"), and thereby trigger Greenwich's duty to defend Prometheus and Lick Mill in the underlying action;
WHEREAS Greenwich has denied any obligation to defend Prometheus and Lick Mill in the underlying action; and
WHEREAS defendant Liberty Surplus Insurance Corporation has recently discovered that a number of insurers issued commercial general liability insurance policies to subcontractors involved in the construction of the Mansion Grove Apartment project that forms the basis of plaintiffs' claims in the underlying action. Although Liberty Surplus contends that there is no coverage for Prometheus and/or Lick Mill as additional insureds under the Commercial General Liability policy and Additional Insured Endorsement Liberty Surplus issued, if Liberty Surplus is held to provide coverage, then the subcontractors' policies will also afford coverage to Prometheus and/or Lick Mill as additional insureds for the claims asserted in the underlying action on the same basis;
IT IS HEREBY STIPULATED by and between American and Liberty Surplus that American shall have leave to file a first amended complaint adding Greenwich as a defendant. A true and correct copy of that proposed first amended complaint is attached as Exhibit A. Liberty Surplus shall have leave to file a cross-complaint adding as cross-defendants the insurers that issued commercial general liability policies to subcontractors involved in the construction of the Mansion Grove Apartment project and against Greenwich.
WILSON & ELLIN
Keith A. Turner
Attorneys for Plaintiff
THE AMERICAN INSURANCE COMPANY
BURNHAM & BROWN
David H. Waters
Attorneys for Defendant
LIBERTY SURPLUS INSURANCE CORPORATION
IT IS SO ORDERED
Lucy H. Hoh
UNITED STATES DISTRICT COURT JUDGE