[Tentative] Ruling:
1. The court grants Plaintiffs’ motion for summary adjudication and finds that Defendant Hoffman Brown owed an affirmative duty to disclose to Plaintiffs the existence and terms of the Builder/Developer Exclusion contained in the 2015-16 and 2016-17 Renewal Policies.
2. The court denies Defendant’s motion for summary judgment.
Background
This action arises in connection with a Directors and Officers (“D&O”) insurance policy that defendant Hoffman Brown Company (“Hoffman Brown” or “Defendant”) procured on behalf of Plaintiff Bell Canyon Association, Inc. (“BCA” or “Plaintiff”) through Defendant RSUI Indemnity Company (“RSUI”), with initial dates of coverage from February 28, 2014 to February 28, 2015 (“the 2014-15 Renewal Policy”). Plaintiff BCA alleges it paid all premiums due and otherwise fully performed all conditions required of it under this policy.
According to Plaintiffs, RSUI mailed to Hoffman Brown and BCA a “Notice of Policy Conditional Renewal” on or
Type
Insurance Coverage (not complex) (General Jurisdiction)
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[Tentative] Ruling:
1. The court grants Plaintiffs’ motion for summary adjudication and finds that Defendant Hoffman Brown owed an affirmative duty to disclose to Plaintiffs the existence and terms of the Builder/Developer Exclusion contained in the 2015-16 and 2016-17 Renewal Policies.
2. The court denies Defendant’s motion for summary judgment.
Background
This action arises in connection with a Directors and Officers (“D&O”) insurance policy that defendant Hoffman Brown Company (“Hoffman Brown” or “Defendant”) procured on behalf of Plaintiff Bell Canyon Association, Inc. (“BCA” or “Plaintiff”) through Defendant RSUI Indemnity Company (“RSUI”), with initial dates of coverage from February 28, 2014 to February 28, 2015 (“the 2014-15 Renewal Policy”). Plaintiff BCA alleges it paid all premiums due and otherwise fully performed all conditions required of it under this policy.
According to Plaintiffs, RSUI mailed to Hoffman Brown and BCA a “Notice of Policy Conditional Renewal” on or