Jeff Tracy, Inc. v. U.S. Specialty Insurance

ORDER (1) GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS, AND (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT

ALICEMARIE H. STOTLER, District Judge.

I

INTRODUCTION

Plaintiff Jeff Tracy, Inc., d/b/a Land Forms Landscape Construction (“Jeff Tracy”), is the insured on a directors, officers and organization liability insurance policy (the “D & 0 Policy”) issued by defendant U.S. Specialty Insurance Company (“USSIC”). During the policy period, Jeff Tracy employees brought a putative class action against the company, Fortino Alvarado…