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Legal Opinion

Philadelphia Indemnity Insurance v. Lakeside Heights Homeowners Ass'n

District Court, N.D. California

Decided June 18, 2015No. Case No. 14-cv-04450-WHOPublished

1Opinion of the Court

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

WILLIAM H. ORRICK, District Judge

Plaintiff Philadelphia Indemnity Insurance Co. (“Philadelphia”) contends that the “subsidence exclusion” in the insurance policy between it and defendant Lakeside Heights Homeowners Association (“the HOA”) means that it is not obligated to defend or indemnify the HOA in an underlying state court action in which the County of Lake brought counterclaims for negligence and loss of lateral support, among other things. The crux of the dispute is over the breadth of the term “operations” in the subsidence exclusion. The…

2Cases cited12 opinions

  1. Powerine Oil Co., Inc. v. Superior CourtCalifornia Supreme Court · 2005
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  4. American Home Assurance Co. v. AGM Marine Contractors, Inc.Court of Appeals for the First Circuit · 2006
  5. Jordan v. Allstate InsuranceCalifornia Court of Appeal · 2004

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