Lexington Insurance Company v. Virginia Surety Company Inc et al

Filing 36

JUDGMENT by Judge Dale S. Fischer: Judgment shall be and hereby is entered in favor of plaintiff Lexington Insurance Company ("Lexington") and against defendant Virginia Surety Company ("Virginia Surety") (See document for further specific details) (ir)

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1 2 3 4 5 6 KEVIN G. McCURDY (SBN 115083) ROBERT J. SCOTT, Jr. (SBN 151775) McCURDY & FULLER LLP 4300 Bohannon Drive, Suite 240 Menlo Park, CA 94025 Telephone: (650) 618-3500 Facsimile: (650) 618-3599 E-mail: kevin.mccurdy@mccurdylawyers.com robert.scott@mccurdylawyers.com Attorneys for Plaintiff LEXINGTON INSURANCE COMPANY 7 UNITED STATES DISTRICT COURT 8 9 10 CENTRAL DISTRICT OF CALIFORNIA LEXINGTON INSURANCE COMPANY, a corporation, JUDGMENT Plaintiff, 11 McCURDY & FULLER LLP 4300 Bohannon Drive, Suite 240 Menlo Park, CA 94025 (650) 618-3500 CASE NO. 2:12-cv-03438-DSF-DTBx v. 12 VIRGINIA SURETY COMPANY, INC., a corporation; OLD REPUBLIC 14 GENERAL INSURANCE CORPORATION, erroneously sued as 15 OLD REPUBLIC GENERAL INSURANCE COMPANY, a 16 corporation, 13 Defendants. 17 18 19 The Court having granted plaintiff Lexington Insurance Company’s motion 20 21 22 for partial summary judgment on February 26, 2013, and the remaining claims and causes of action having been dismissed upon the stipulation of all parties, 23 IT IS HEREBY ORDERED AND ADJUDGED that judgment shall be and 24 25 26 27 28 hereby is entered in favor of plaintiff Lexington Insurance Company (“Lexington”) and against defendant Virginia Surety Company (“Virginia Surety”) on Lexington’s First Cause of Action for Declaratory Relief, Lexington’s Second Cause of Action 49197 -1JUDGMENT 1 for Declaratory Relief and Lexington’s Third Cause of Action as follows. With 2 respect to the First and Second Causes of Action, the Court declares that: 3 1. Virginia Surety had and has a duty, under policy no. 1CG50147600, 4 5 effective from July 1, 2004 to July 1, 2005, to defend San Bernardino Area 6 Governments (“SANBAG”) in the action entitled San Bernardino County Flood 7 Control District v. State of California et al., San Diego County Superior Court case 8 9 no. 37-2009-002535-CU-EI-CTL (“District Action”); and 10 McCURDY & FULLER LLP 4300 Bohannon Drive, Suite 240 Menlo Park, CA 94025 (650) 618-3500 11 2. Virginia Surety’s duty to defend SANBAG in the District Action is primary to any defense obligation owed by Lexington. 12 As to the Third Cause of Action, Lexington shall be and hereby is awarded 13 14 15 judgment in the amount of Five Hundred Nineteen Thousand Nine Hundred Twenty Five Dollars and Fifty Seven Cents ($519,925.57) representing defense fees paid by 16 17 Lexington together with interest thereon from the date of entry of judgment at the 18 rate specified in 28 U.S.C. § 1961. 19 20 Dated: June 17, 2013 21 _______________________ Dale S. Fischer United States District Judge 22 23 24 25 26 27 28 49197 -2JUDGMENT 1 Approved As To Form: 2 BOORNAZIAN JENSEN & GARTHE 3 4 5 6 7 8 _______________________ David J. Garthe Attorneys for Defendants VIRGINIA SURETY COMPANY and OLD REPUBLIC GENERAL INSURANCE CORPORATION 9 10 McCURDY & FULLER LLP 4300 Bohannon Drive, Suite 240 Menlo Park, CA 94025 (650) 618-3500 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49197 -3JUDGMENT

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