Mercury Casualty Co. v. Maclean 56-2012-00419009
Re: Motion by Plaintiff Mercury Casualty Co. for Summary Judgment in its Declaratory Relief Action Against MacClean
Deny Plaintiff Mercury Casualty Co.'s motion for Summary Judgment in its declaratory relief action Against MacClean et. al.
1.Mercury has only sought "summary judgment," not adjudication, re its duty to defend Maclean etc. al. under it homeowners policy. The underlying action is Lira v. Speed (case 56-2012-411183). The first amended complaint (now a second amended complaint, filed 12/14/12) in that action alleges causes of action for both intentional and negligence conduct against defendant Kyler Speed and negligent supervision by his parents, Speed and Maclean.
2. Mercury's separate statement facts 1-5 and 7-19 are undisputed and no. 6 is established that is what the first amended Lira complaint alleges).
3. Mercury's MSJ is focused on the intentional tort causes of action alone (tortious aiding and abetting and imputed li
Hearing Date
April 15, 2013
Category
Civil - Unlimited
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Mercury Casualty Co. v. Maclean 56-2012-00419009
Re: Motion by Plaintiff Mercury Casualty Co. for Summary Judgment in its Declaratory Relief Action Against MacClean
Deny Plaintiff Mercury Casualty Co.'s motion for Summary Judgment in its declaratory relief action Against MacClean et. al.
1.Mercury has only sought "summary judgment," not adjudication, re its duty to defend Maclean etc. al. under it homeowners policy. The underlying action is Lira v. Speed (case 56-2012-411183). The first amended complaint (now a second amended complaint, filed 12/14/12) in that action alleges causes of action for both intentional and negligence conduct against defendant Kyler Speed and negligent supervision by his parents, Speed and Maclean.
2. Mercury's separate statement facts 1-5 and 7-19 are undisputed and no. 6 is established that is what the first amended Lira complaint alleges).
3. Mercury's MSJ is focused on the intentional tort causes of action alone (tortious aiding and abetting and imputed li