American States Ins. Co. v. Insurance Co. of the State of Pennsylvania

Filing 233

ORDER signed by District Judge Morrison C. England, Jr on 5/15/2018 GRANTING 217 Motion (Hunt, G)

1 FRANK FALZETTA, Cal. Bar No. 125146
[e-mail]
2 SCOTT SVESLOSKY, Cal. Bar No. 217660
[e-mail]
3 BRENDA A. BISSETT Cal. Bar No. 116642
[e-mail]
4 SHEPPARD, MULLIN, RICHTER
& HAMPTON LLP
5 333 South Hope Street, 43rd Floor
Los Angeles, California 90071-1422
6 Telephone: [phone]
Facsimile: 213-620-1398
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Attorneys for Plaintiff
8 AMERICAN STATES INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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AMERICAN STATES INSURANCE
13 COMPANY, an Indiana Corporation,
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Plaintiff,
v.

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INSURANCE COMPANY OF THE
17 STATE OF PENNSYLVANIA, a
18 Pennsylvania Corporation,
Defendant.

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Case No. 2:12-CV-01489-MCE-AC
RELATED WITH CASE NO:
2:11-CV-00346-MCE-JFM
ORDER GRANTING AMERICAN
STATES INSURANCE COMPANY'S
MOTION TO CORRECT CLERICAL
MISTAKE IN ORDER GRANTING
MOTION FOR SUMMARY
JUDGMENT (ECF. NO. 215)
Date: May 17, 2018
Time: 2:00 p.m.
Place: Courtroom 7
Hon. Morrison C. England, Jr

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SMRH:485900888.1

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ORDER GRANTING MOTION
TO CORRECT CLERICAL MISTAKE IN ORDER

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On April 6, 2018, Plaintiff American States Insurance Company ("American") filed

2 a Motion to Correct Clerical Mistake in Order Granting Motion for Summary Judgment
3 (ECF. NO. 215). Having fully considered the parties' arguments, and good cause
4 appearing therefore, the Court hereby GRANTS American’s Motion. The Court corrects
5 the clerical mistake appearing on page 15 of the Court’s Order Granting American’s
6 Motion for Summary Judgment, so that it now states:
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… Absent such underlying insurance, as the Court has

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already determined, ICSOP’s umbrella policy became for

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all practical purposes a primary policy that had to “drop

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down” and provide a defense to Sierra for claims that

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alleged Sierra’s independent liability. … (emphasis

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added).

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IT IS SO ORDERED.

16 Dated: May 15, 2018
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SMRH:485900888.1

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ORDER GRANTING MOTION
TO CORRECT CLERICAL MISTAKE IN ORDER