Travelers Property Casualty Company Of America v. Liberty Surplus Insurance Co.

Filing 53

JUDGMENT dated *5/10/18* signed by Senior Judge William B. Shubb on 5/10/18 in favor of Plaintiff Travelers Property Casualty Corporation of America against Defendant Liberty Surplus Insurance Corporation in the amount of $100,000.00, together with interest thereon as provided by statute from the date of entry of this judgment. Each party is to bear its own costs incurred to date. The Clerk is directed to enter judgment and close this file accordingly. CASE CLOSED. (Mena-Sanchez, L)

6

THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera, Esq. (SBN 192390)
Kari M. Myron, Esq.(SBN 158592)
Raymond E. Brown, Esq. (SBN 164819)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
[e-mail]
[e-mail]
[e-mail]

7

Attorneys for Plaintiff

1
2
3
4
5

8
9
10
11

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
TRAVELERS PROPERTY CASUALTY
CORPORATION OF AMERICA, a
Connecticut corporation;

12
Plaintiffs,

13

v.

14

17

LIBERTY SURPLUS INSURANCE
CORPORATION, a Massachusetts
corporation; and DOES 1 through
10 inclusive,

18

Defendants.

15
16

19

) Case No. 2:16-cv-02752-WBS-EFB
) [Hon. William B. Shubb]
)
)
) JUDGMENT
)
)
)
)
)
)
)
)
)
)
)

20
21
22

It appearing from the file in this action that:

23

(1)

On

April

4,

2018,

the

court

entered

an

order

24

(Docket No. 46) awarding partial summary judgment

25

to

26

Corporation of America on the issue of liability,

27

ruling

28

Liberty Surplus Insurance Corporation had a duty

plaintiff

as

a

Travelers

matter

of

Property

law

(a)

that

Casualty

defendant

1
CASE NO.: 2:16-cv-02752-WBS-EFB
(PROPOSED) JUDGMENT

1

to defend Dura Art, (b) that defendant Liberty

2

Surplus

3

indemnify

4

Travelers Property Casualty Corporation of America

5

has a right to recover equitable contribution from

6

defendant

Liberty

7

for

defense

8

plaintiff Travelers Property Casualty Corporation

9

of America paid on behalf of Dura; and

the

Insurance

Corporation

Dura

and

Art,

Surplus
and

(c)

had

a

that

Insurance

settlement

duty

to

plaintiff

Corporation
costs

that

10
(2)

11

On May 7, 2018, the parties filed a stipulation

12

regarding

damages

13

judgment (Docket No. 51), stipulating (a) that the

14

amount of damages to which plaintiff Travelers

15

Property

16

entitled

17

Insurance Corporation’s equitable contribution to

18

the defense and indemnification of claims arising

19

out of the scope of work of Dura Art Stone in

20

connection with the underlying action styled The

21

Regents of the University of California v Howard

22

S. Wright Construction Co., et al, Yolo County

23

Superior Court case No. CV12-1911, is $100,000.00,

Casualty
as

and

and

request

Corporation
for

defendant

for

of

entry

America

Liberty

of

is

Surplus

24
25

///

26

///

27

///

28

///

2
CASE NO.: 2:16-cv-02752-WBS-EFB
(PROPOSED) JUDGMENT

1

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is

2

entered

in

favor

3

Corporation

4

Insurance Corporation in the amount of $100,000.00, together with

5

interest thereon as provided by statute from the date of entry of

6

this judgment.

7

date.

of

of

America

plaintiff
and

Travelers

against

Property

defendant

Liberty

Casualty
Surplus

Each party is to bear its own costs incurred to

8
9

The Clerk is directed to enter judgment and close this file

10

accordingly.

11

Dated:

May 10, 2018

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
CASE NO.: 2:16-cv-02752-WBS-EFB
(PROPOSED) JUDGMENT