Liberty Mutual Fire Insurance Company v. Nguyen et al

Filing 16

STIPULATION and ORDER for Judgment as to Insurance Coverage, signed by District Judge Troy L. Nunley on 5/4/15. All other existing dates and deadlines in this matter, including the trial date, are hereby VACATED. CASE CLOSED (Kastilahn, A)

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ROPERS, MAJESKI, KOHN & BENTLEY
PAMELA E. COGAN (SBN 105089)
NORMAN LAU (SBN 253690)
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff
LIBERTY MUTUAL FIRE INSURANCE COMPANY

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Jonathan A. Saul
JONATHAN SAUL & ASSOCIATES
4020 Lennane Drive, Suite 102
Sacramento, CA 95834
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Defendant
THU TIET NGUYEN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIBERTY MUTUAL FIRE INSURANCE
COMPANY,

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Plaintiff,

CASE NO. 2:14cv-02532-TLN-AC
STIPULATION TO JUDGMENT AS TO
INSURANCE COVERAGE; ORDER

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v.
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THU TIET NGUYEN; WILLIAM
CULLIFER,
Defendants.

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The parties to this action hereby stipulate and agree, and it is hereby ORDERED AND
ADJUDGED, as follows:
1. Plaintiff Liberty Mutual Fire Insurance Company (“Liberty Mutual”) insured defendant

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Thu Tiet Nguyen and her husband Robert Capps under an automobile insurance policy,

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LibertyGuard Auto Policy number AO2-268-828286-40 3 1, effective August 25, 2013 to August

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25, 2014 (“the Policy”). The Policy provided liability insurance coverage for damages for
STIPULATION TO JUDGMENT
CASE NO:2:14CV-02532 TLN-AC

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“bodily injury” which any insured becomes legally obligated to pay because of an auto accident.

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2. The Policy contains an exclusion in Endorsement Form AS 1133 01 08, which states:

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We do not provide Liability Coverage for any person for “bodily
injury” to you or any “family member” whenever the ultimate
benefits of that indemnification accrue directly or indirectly to you
or any “family member.”
3. “You” is defined in the Policy to mean the named insured.

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4. Nguyen was named as a defendant in a lawsuit brought by William Cullifer, entitled

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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William “Bill” Cullifer v. Carl Cornelious Odem, et al., Sacramento County Superior Court, case
number 34-2014-00163774 (“the Cullifer Action”). Plaintiff in the Cullifer Action asserts that
Nguyen’s negligence in operating her vehicle resulted in the death of her husband and co-insured
under the Liberty Mutual policy, Robert Capps, who was a passenger in Nguyen’s vehicle on
September 16, 2013 when she collided with another vehicle, resulting in Capps’ death.

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5. Defendant William Cullifer has brought suit against Nguyen for wrongful death of his
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purported step-father Robert Capps in the Cullifer Action.
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6. The Cullifer Action was consolidated with two other related actions pending in
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Sacramento County Superior Court arising out of the same motor vehicle accident.
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7. Liberty Mutual is currently providing a defense to Nguyen in the Cullifer Action under
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a reservation of rights.
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8. Liberty Mutual contends that the above cited exclusion in Endorsement Form AS 1133
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01 08 applies to the Cullifer Action to bar coverage because the plaintiff in the Cullifer Action is
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seeking recovery for “bodily injury” to a named insured, Capps.

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9. Defendant William Cullifer has stipulated to be bound by any judgment in the present
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action and has been dismissed as a party.
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10. The remaining defendant in the present action, Thu Nguyen, does not dispute Liberty
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Mutual’s coverage position as to the Cullifer Action.

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It is hereby stipulated as follows:
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1. Liberty Mutual’s exclusion in Endorsement Form AS 1133 01 08 applies to bar

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coverage for the Cullifer Action, in which Cullifer seeks recovery for bodily injury to a named
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STIPULATION TO JUDGMENT; ORDER
CASE NO:2:14CV-02532 TLN-AC

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insured, Robert Capps.
2. Liberty Mutual has no duty to defend Nguyen against the claims alleged in the Cullifer
Action under the Policy.
3. Liberty Mutual has no duty to indemnify Nguyen against the claims alleged in the
Cullifer Action under the Policy.

A Professional Corporation
Redwood City

4. Liberty Mutual will withdraw from the defense at this time and will not seek any

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Ropers Majeski Kohn & Bentley

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reimbursement for costs and fees expended in the defense of the Cullifer Action prior to its

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withdrawal from the defense of the Cullifer Action.

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The parties stipulate, by and through their respective attorneys of record, that judgment be

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entered in this action in accordance with this stipulation. Each party shall bear their own costs

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and attorneys’ fees.

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Dated: May 1, 2015

ROPERS, MAJESKI, KOHN & BENTLEY

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By:/s/ Pamela E. Cogan
PAMELA E. COGAN
NORMAN LAU
Attorneys for Plaintiff
LIBERTY MUTUAL FIRE INSURANCE
COMPANY

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Dated: May 1, 2015

JONATHAN SAUL & ASSOCIATES

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By: /s/ Jonathan Saul
__________________
JONATHAN SAUL
Attorneys for Defendant THU TIET
NGUYEN

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ORDER
Based on the parties’ stipulation, and good cause being shown, IT IS SO ORDERED. All

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other existing dates and deadlines in this matter, including the trial date, are hereby vacated.

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Dated: May 4, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION TO JUDGMENT; ORDER
CASE NO:2:14CV-02532 TLN-AC