This case was last updated from San Francisco County Superior Courts on 04/14/2016 at 21:27:18 (UTC).

NATIONAL UNION FIRE INSURANCE COMPANY OF VS. MID-CENTURY INSURANCE COMPANY ET AL

Case Summary

On 08/05/2014 NATIONAL UNION FIRE INSURANCE COMPANY OF filed an Other lawsuit against MID-CENTURY INSURANCE COMPANY. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0942

  • Filing Date:

    08/05/2014

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiff

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Defendants

CALMAT CO.

CALPORTLAND COMPANY

DOES 1 TO 30

MID-CENTURY INSURANCE COMPANY

CONTINENTAL INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorneys

NEUMANN, JON T

Attorney at STEPTOE & JOHNSON LLP

633 West Fifth Street, Suite 700

Los Angeles, CA 90071

LEE, HARRY

Attorney at STEPTOE & JOHNSON, LLP

1330 Connecticut Avenue, Nw

Washington, DC 20038

Defendant Attorneys

BROWN, DONALD WESLEY

Attorney at COVINGTON & BURLING LLP

One Front Street

San Francisco, CA 94111

BROWER, STEVEN

Attorney at BUCHALTER NEMER

18400 Von Karman Avenue, Suite 800

Irvine, CA 92612-0514

HERMAN, DEAN B

HOYT, SCOTT R.

Attorney at PIA ANDERSON DORIUS REYNARD MOSS

222 S. Main Street, Suite 1830

Salt Lake City, UT 84101

MERTENS, JOHN P.

Attorney at PIA ANDERSON DORIUS REYNARD & MOSS, LLC

136 E. South Temple, Suite 1900

Salt Laked City, UT 84111

HOYT, ADAM L.

Attorney at PIA ANDERSON DORIUS REYNARD & MOSS, LLC

136 E. South Temple, Suite 1900

Salt Lake City, UT 84111

RAMOS, GRETCHEN A

Attorney at SQUIRE PATTON BOGGS (US) LLP

44 Montgomery Street, Ste 400

San Francisco, CA 94104

 

Court Documents

Declaration of Amy E. Fitzpatrick in Support of Opposition to Defendant Calportland Companys Motion for Transfer of Venue to Los Angeles County

DECLARATION OF AMY E. FITZPATRICK IN SUPPORT OF OPPOSITION TO DEFENDANT CALPORTLAND COMPANYS MOTION FOR TRANSFER OF VENUE TO LOS ANGELES COUNTY (TRANSACTION ID # 56362780) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

First Amended Complaint for Declaratory Judgment, Contribution, Equitable Subrogation, Reimbursement, and Indemnity

1ST AMENDED COMPLAINT (TRANSACTION ID # 56579662) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA AS TO DEFENDANT MID-CENTURY INSURANCE COMPANY CALPORTLAND COMPANY CALMAT CO. DOES 1 TO 30 CONTINENTAL INSURANCE COMPANY

Substitution of Attorney

SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 56832266): HOYT, SCOTT R. SUBSTITUTED FOR HERMAN, DEAN B AS ATTORNEY FOR MID-CENTURY INSURANCE COMPANY

Continental Insurance Companys Answer to First Amended Complaint

ANSWER TO 1ST AMENDED COMPLAINT (TRANSACTION ID # 56849360) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY (Fee:1450.00)

Joint Request to Continue Case Management Conference for 60 Days

JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE FOR 60 DAYS (TRANSACTION ID # 56863550) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Request for Dismissal as to CalMat Co. only

DISMISSAL WITHOUT PREJUDICE OF 1ST AMENDED COMPLAINT * COMPAINT AS TO CALMAT CO. ONLY. EACH PARTY TO BEAR ITS OWN COSTS. (TRANSACTION ID # 57112523) AS TO DEFENDANT CALMAT CO.

Notice of Intent to Appear by Telephone - Adam Hoyt

NOTICE OF INTENT TO APPEAR BY TELEPHONE - ADAM HOYT (TRANSACTION ID # 57809948) FILED BY DEFENDANT MID-CENTURY INSURANCE COMPANY

Joint Case Management Conference Statement

JOINT CASE MANAGEMENT CONFERENCE STATEMENT (TRANSACTION ID # 58310869) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

ORDER

ORDER CONTINUING TRIAL DATE (TRANSACTION #58743411)

ORDER

ORDER CASE MANAGEMENT ORDER NO.1 (TRANSACTION #56284579)

Defendant Mid-Century Insurance Companys Answer to the Complaint

ANSWER TO COMPLAINT (TRANSACTION ID # 56306199) FILED BY DEFENDANT MID-CENTURY INSURANCE COMPANY

Defendant CalPortland Companys Reply In Support Of Motion for Transfer of Venue to Los Angeles County (refilled with name of counsel typed after the slash s slash on signature line)

REPLY IN SUPPORT OF MOTION FOR TRANSFER OF VENUE TO LOS ANGELES COUNTY (REFILLED WITH NAME OF COUNSEL TYPED AFTER THE SLASH S SLASH ON SIGNATURE LINE) (TRANSACTION ID # 56403622) FILED BY DEFENDANT CALPORTLAND COMPANY

ORDER

ORDER STIPULATION AND PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL INFORMATION (TRANSACTION #56483015)

Notice of Deposition of the Person Most Qualified of Defendant Calport

NOTICE OF DEPOSITION OF THE PERSON MOST QUALIFIED OF DEFENDANT CALPORTLAND COMPANY (TRANSACTION ID # 57474303) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Notice of Change of Law Firm Affiliation

NOTICE OF CHANGE OF LAW FIRM AFFILIATION (TRANSACTION ID # 58651328) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY

Plaintiff Opposition to Calportland Company Motion to Assert Privilege

OPPOSITION TO CALPORTLAND COMPANY MOTION TO ASSERT PRIVILEGE AND PREVENT THE USE AND DISCLOSURE OF PRIVILEGED MATERIALS AT TRIAL (TRANSACTION ID # 58718509) FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Declaration of Daniel Jordan in Support of Continental Insurance Compa

DECLARATION OF DANIEL JORDAN IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO COMPEL CALPORTLAND COMPANY TO PRODUCE DOCUMENTS (TRANSACTION ID # 58743851) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY

Notice of Intent to Appear by Telephone - Adam Hoyt [3-25-2016 Hearing

NOTICE OF INTENT TO APPEAR BY TELEPHONE - ADAM HOYT [3-25-2016 HEARING] (TRANSACTION ID # 58769340) FILED BY DEFENDANT MID-CENTURY INSURANCE COMPANY

81 More Documents Available

 

Docket Entries

  • 04/14/2016
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  • JOINT REPORT PURSUANT TO MARCH 25, 2016 ORDER. (TRANSACTION ID # 58864962) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY

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  • 03/28/2016
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  • ORDER GRANTING CONTINENTAL MOTION TO COMPEL, AND DENYING WITHOUT PREJUDICE CALPORTLAND MOTION TO ASSERT PRIVILEGE (TRANSACTION #58779573)

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  • 03/25/2016
  • DUPLICATE CALENDAR ENTRY

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  • 03/25/2016
  • HEARING ON MOTION TO COMPEL AND MOTION TO ASSERT PRIVILEGE IS HEARD ON MAR-25-2016. MATTER IS ARGUED AND SUBMITTED. JUDGE CURTIS E.A. KARNOW, CLERK DANIAL LEMIRE, REPORTER SHEILA PHAM CSR #13293

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  • 03/25/2016
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  • MINUTES FOR MAR-25-2016 3:00 PM

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  • 03/24/2016
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  • NOTICE OF INTENT TO APPEAR BY TELEPHONE - ADAM HOYT [3-25-2016 HEARING] (TRANSACTION ID # 58769340) FILED BY DEFENDANT MID-CENTURY INSURANCE COMPANY

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  • 03/24/2016
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  • ASSOCIATION OF ATTORNEYS, (TRANSACTION ID # 58765556): HOYT, ADAM L. ADDED AS ATTORNEY FOR MID-CENTURY INSURANCE COMPANY

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  • 03/21/2016
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  • REPLY IN SUPPORT OF ITS MOTION TO ASSERT PRIVILEGE AND PREVENT THE USE AND DISCLOSURE OF PRIVILEGED MATERIALS AT TRIAL (TRANSACTION ID # 58744371) FILED BY DEFENDANT CALPORTLAND COMPANY

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  • 03/18/2016
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  • DECLARATION OF DANIEL JORDAN IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO COMPEL CALPORTLAND COMPANY TO PRODUCE DOCUMENTS (TRANSACTION ID # 58743851) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY

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  • 03/18/2016
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  • (REDACTED) REPLY IN SUPPORT OF MOTION TO COMPEL CALPORTLAND COMPANY TO PRODUCE DOCUMENTS (TRANSACTION ID # 58743851) FILED BY DEFENDANT CONTINENTAL INSURANCE COMPANY

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93 More Docket Entries
  • 09/10/2014
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  • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR TRANSFER OF VENUE TO LOS ANGELES COUNTY (TRANSACTION ID # 56014859) FILED BY DEFENDANT CALPORTLAND COMPANY

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  • 09/10/2014
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  • FIRST APPEARANCE FEE PAID ON DEFENDANT CALPORTLAND COMPANYS NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE TO LOS ANGELES COUNTY (TRANSACTION ID # 56014859) FILED BY DEFENDANT CALPORTLAND COMPANY HEARING SET FOR NOV-06-2014 AT 02:00 PM IN DEPT 304 (Fee:1450.00)

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  • 09/10/2014
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 56014674) FILED BY DEFENDANT CALMAT CO. (Fee:1450.00)

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  • 08/15/2014
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 55899132), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA SERVED AUG-11-2014, SUBSTITUTE SERVICE ON NATURAL PERSON ON DEFENDANT MID-CENTURY INSURANCE COMPANY

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  • 08/15/2014
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 55899132), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA SERVED AUG-11-2014, PERSONAL SERVICE ON DEFENDANT CALMAT CO.

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  • 08/15/2014
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 55899132), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA SERVED AUG-11-2014, PERSONAL SERVICE ON DEFENDANT CALPORTLAND COMPANY

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  • 08/13/2014
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  • ORDER GRANTING COMPLEX DESIGNATION AND FOR SINGLE ASSIGNMENT TO JUDGE CURTIS KARNOW FOR ALL PURPOSES. CASE MANAGEMENT CONFERENCE SET FOR NOV-03-2014 AT 9:00 AM IN DEPT. 304. JAN-07-2015 CASE MANAGEMENT CONFERENCE IS OFF CALENDAR. NOTICE SENT BY COURT.

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  • 08/05/2014
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  • APPLICATION FOR APPROVAL OF COMPLEX LITIGATION DESIGNATION FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (Fee:60.00)

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  • 08/05/2014
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  • NOTICE TO PLAINTIFF

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  • 08/05/2014
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  • OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA AS TO DEFENDANT MID-CENTURY INSURANCE COMPANY CALPORTLAND COMPANY CALMAT CO. DOES 1 TO 30 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-07-2015 PROOF OF SERVICE DUE ON OCT-06-2014 CASE MANAGEMENT STATEMENT DUE ON DEC-15-2014 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE (Fee:1450.00)

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Complaint Information

STEPTOE & JOHNSON LLP JAN 09 2015

633 West Fifth Street, Suite 700 Bg}gnggf F’ggi Court Los Angeles, California 90071 ‘ Deputy Clerk

Phone: (213)439-9400/ Fax: (213) 439-9599

Harry Lee (admitted pro hac vice) HEL ee(@steptoe.com

STEPTOE & JOHNSON LLP

1330 Connecticut Avenue, NW

Washington, DC 20036

Phone: (202) 429-3000 / Fax (202) 261-0547

Attorneys for Plaintiff

NATIONAL UNION FIRE INSURANCE

COMPANY OF PITTSBURGH, P.A.

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO

Case No. CGC-14-540942

NATIONAL UNION FIRE INSURANCE

COMPANY OF PITTSBURGH, PA,

FIRST AMENDED COMPLAINT FOR

DECLARATORY JUDGMENT, CONTRIBUTION, EQUITABLE SUBROGATION, REIMBURSEMENT,

) ) ) Plaintiff, ) ) ) ) CONTINENTAL INSURANCE COMPANY, } AND INDEMNITY ) ) ) ) ) ) )

MID-CENTURY INSURANCE COMPANY, CALPORTLAND COMPANY, CALMAT CO,, and DOES 1 through 30, JURY TRIAL DEMANDED

Defendants.

Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA (“National Union™)

alleges for its Complaint for Declaratory Judgment, Contribution, Equitable Subrogation, and

FIRST CAUSE OF ACTION

(Declaratory Judgment Against Continental Insurance Company and Does 1 to 30 — Duty to Defend and Indemnify California Portland)

41. National Union realleges and incorporates paragraphs | through 40 by reference as if fully set forth here.

42. CIC has owed and continues to owe a duty to defend and indemnify the Underlying Suits because, without limitation, mostUnderlying Suits against California Portland do not specify which California Portland product is at issue and may involve California Portland products other than the “gun plastic” product excluded by the CIC policy’s “gun plastic” exclusion, and because there are entities named as defendants in the Underlying Suits other than or in addition to California Portland that are insured by the CIC policy and who may have manufactured asbestos-containing products other than “gun plastic.”

43, Upon information and belief, CIC contends it has no duty to pay for defense or

indemnity in connection with the Underlying Suits,

44. There exists an actual, immediate, and justiciable dispute between National Union and CIC. 45, National Union is entitled to a declaration that CIC must contribute to amounts

National Union incurred to defend and indemnify the Underlying Suits, and that CIC’s equitable share should be calculated according to time on the risk, as these parties have done in the past.

SECOND CAUSE OF ACTION

(Declaratory Judgment Against Mid-Century and Does 1 to 30 — Duty to Defend and Indemnify California Portland) 46. National Union realleges and incorporates paragraphs 1 through 45 by reference as if fully set forth here. 47. Mid-Century has owed and continues to owe a duty to defend and indemnify the

Underlying Suits.

THIRD CAUSE OF ACTION

(Equitable Subrogation and Contribution From CIC and Does 1-30)

51. National Union realleges and incorporates paragraphs 1 through 50 by reference as if fully set forth here.

52. National Union has paid and continues to pay defense costs and indemnity in connection with the Underlying Suits and, as a result, is subrogated to the rights of California Portland.

53. CIC has failed and refused {o pay its equitable share of defense costs and indemnity under the CIC policy in connection with the Underlying Suits. CIC’s equitable share is based on its “time on the risk,” as these insurers have paid defense and indemnity in the past.

54. There exists an actual, immediate, and justiciable dispute among the parties regarding National Union’s entitlement to contribution from CIC for defense and indemnity paid by National Union in connection with the Underlying Suits.

55. National Union seeks an order that CIC pay past defense costs and indemnity of Underlying Suits to National Union, according to proof at trial.

56. National Union also seeks an order that CIC be required to contribute to the

payment of future defense and indemnity of the Underlying Suits.