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This case was last updated from PACER on 06/18/2021 at 11:34:12 (UTC).

Allianz Global Risks US Insurance Company v. GSSL, Inc.

Case Summary

On April 19, 2021, Allianz Global Risks US Insurance Company (“AGR US” or “Plaintiff”), represented by Donald W. McCormick of Anderson McPharlin and Conners LLP, filed a civil action against GSSL, Inc. d/b/a/ Near Space Corporation (“NSC” or “Defendant”), seeking declaratory judgment against Defendant and reimbursement of defense cost along with award of damages for alleged contractual indemnity. This case was filed in the U.S. District Courts for the Central District of California with Judges James V. Selna and John D. Early presiding.

 

In its complaint, the Plaintiff alleged that “On June 8, 2020, over three (3) years after Timothy Lachenmeier’s March 27, 2017 accident during the conduct of the PSQT balloon drop, NSC, through its brokers, notified AGR US of the accident and forwarded to AGR US a copy of a letter received by NSC from Boeing’s counsel demanding defense and indemnification of Boeing in connection with Mr. and Mrs. Lachenmeier’s claims against Boeing arising from the accident (the “First Tender”). In NSC’s June 8, 2020 letter to AGR US, NSC sought coverage from AGR US under the Aviation CGL Policy. On June 15, 2020, AGR US sent NSC a position letter informing NSC that no coverage exists, either defense or indemnity, under the Aviation CGL Policy for Mr. and Mrs. Lachenmeier’s claims or for the First Tender.”

 

The Plaintiff further alleged that “On September 8, 2020, AGR US sent NSC a second position letter setting forth its position that no coverage exists, either defense or indemnity, under the Products/Completed Operations Policy or, having considered NSC’s arguments, under the Aviation CGL Policy for the First Tender or for Mr. and Mrs. Lachenmeier’s claims. In the September 8, 2020 correspondence, AGR US again requested the additional information and documents it requested on August 25, 2020 from NSC, but which had not been provided.”

 

The Plaintiff further alleged that “On April 15, 2021, AGR US sent NSC a third position letter advising NSC that AGR US will defend NSC in connection with the Third-Party Complaint by Boeing subject to a reservation of rights that no coverage, either defense or indemnity, was available under either of the Policies and reserving AGR US’ right to initiate a declaratory judgment action seeking a declaration that no coverage, defense or indemnity, was owed to NSC. AGR US is currently providing a defense to NSC, under reservation of rights, in connection with the Third-Party Complaint. The Underlying Complaint alleges, among other things, that Boeing maintained control of the work area during the PSQT balloon drop and Boeing had a duty under the purchase contract to provide and maintain Mr. Lachenmeier’s and NSC’s work area and equipment in a safe condition and free of defects, for NSC’s use during the PSQT balloon drop and Mr. and Mrs. Lachenmeier assert three (3) causes of action against Boeing for negligence, intentional infliction of emotional distress, and loss of consortium.”

 

There are two claims for relief laid down by the Plaintiff. The first claim is for declaratory judgment under aviation commercial general liability policy and the second claim for relief is for declaratory judgment under the terms, conditions, and exclusions of the Products/Completed Operations Policy.

 

In its prayer for relief, the Plaintiff has requested the court to grant declaratory judgment against the defendant and reimbursement of defense costs along with the award of damages to Plaintiff.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-03328

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

James V. Selna

Referral Judge

John D. Early

 

Party Details

Plaintiff

Allianz Global Risks US Insurance Company

Defendant

GSSL, Inc. doing business as Near Space Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Donald W McCormick

Attorney at Anderson McPharlin and Conners LLP

707 Wilshire Boulevard Suite 4000

Los Angeles, CA 90017-3623

Andrew T. Houghton

Attorney at Skarzynski Marick and Black LLP

One Battery Park Plaza 32Nd Floor

New York, NY 10004

Donald W. McCormick

Attorney at Anderson McPharlin and Conners LLP

707 Wilshire Boulevard Suite 4000

Los Angeles, CA 90017-3623

Sarah Frances Voutyras

Attorney at Skarzynski Marick and Black LLP

10000 Washington Boulevard Suite 600

Culver City, CA 90232

Anna Mandel

Attorney at Skarzynski Marick and Black LLP

One Battery Park Place 32Nd Floor

New York, NY 10004

 

Court Documents

#18

(#18) PROOF OF SERVICE Executed by Plaintiff Allianz Global Risks US Insurance Company, upon Defendant GSSL, Inc. served on 4/30/2021, answer due 5/21/2021. Service of the Summons and Complaint were executed upon Kristen Lachenmeier, Secretary/Agent in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (McCormick, Donald) (Entered: 05/05/2021)

#17

(#17) Order Setting Rule 26(f) Scheduling Conference for 7/19/2021 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 7/12/2021. (lb) (Entered: 04/30/2021)

#16

(#16) INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 04/22/2021)

#15

(#15) ORDER by Judge James V. Selna: Granting #11 Non-Resident Attorney Anna Mandel APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, designating Donald W. McCormick as local counsel. (es) (Entered: 04/22/2021)

#14

(#14) ORDER by Judge James V. Selna: Granting #10 Non-Resident Attorney Andrew T. Houghton APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, designating Donald W. McCormick as local counsel. (es) (Entered: 04/22/2021)

#13

(#13) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:20-cv-02206 JVS(JDEx). Case transferred from Judge Stanley Blumenfeld, Jr and Magistrate Judge Charles F. Eick to Judge James V. Selna and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-03328 JVS(JDEx). Signed by Judge James V. Selna (rn) (Entered: 04/21/2021)

#9

(#9) INITIAL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/21/2021)

#8

(#8) 21 DAY Summons issued re Complaint #1 as to defendant GSSL, Inc. (esa) (Entered: 04/20/2021)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/20/2021)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Charles F. Eick. (esa) (Entered: 04/20/2021)

#5

(#5) NOTICE of Related Case(s) filed by Plaintiff Allianz Global Risks US Insurance Company. Related Case(s): 2:20-cv-02206-JVS (JDEx) (McCormick, Donald) (Entered: 04/19/2021)

#4

(#4) Certificate and Notice of Interested Parties filed by Plaintiff Allianz Global Risks US Insurance Company, identifying Allianz of America, Inc. and AGCS International Holdings B.V.. (McCormick, Donald) (Entered: 04/19/2021)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Allianz Global Risks US Insurance Company. (McCormick, Donald) (Entered: 04/19/2021)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Allianz Global Risks US Insurance Company. (McCormick, Donald) (Entered: 04/19/2021)

8 More Documents Available
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Docket Entries

  • 06/17/2021
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  • Docket(#20) Second STIPULATION for Extension of Time to File Answer to September 24, 2021 filed by Plaintiff Allianz Global Risks US Insurance Company. (Attachments: #1 Proposed Order)(Attorney Sarah Frances Voutyras added to party Allianz Global Risks US Insurance Company(pty:pla))(Voutyras, Sarah) (Entered: 06/17/2021)

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  • 05/21/2021
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  • Docket(#19) STIPULATION Extending Time to Answer the complaint as to GSSL, Inc. answer now due 6/18/2021, re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Allianz Global Risks US Insurance Company. (Attachments: #1 Proposed Order)(McCormick, Donald) (Entered: 05/21/2021)

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  • 05/05/2021
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  • Docket(#18) PROOF OF SERVICE Executed by Plaintiff Allianz Global Risks US Insurance Company, upon Defendant GSSL, Inc. served on 4/30/2021, answer due 5/21/2021. Service of the Summons and Complaint were executed upon Kristen Lachenmeier, Secretary/Agent in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (McCormick, Donald) (Entered: 05/05/2021)

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  • 04/30/2021
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  • Docket(#17) Order Setting Rule 26(f) Scheduling Conference for 7/19/2021 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 7/12/2021. (lb) (Entered: 04/30/2021)

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  • 04/22/2021
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  • Docket(#16) INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#15) ORDER by Judge James V. Selna: Granting #11 Non-Resident Attorney Anna Mandel APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, designating Donald W. McCormick as local counsel. (es) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#14) ORDER by Judge James V. Selna: Granting #10 Non-Resident Attorney Andrew T. Houghton APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, designating Donald W. McCormick as local counsel. (es) (Entered: 04/22/2021)

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  • 04/21/2021
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  • Docket(#13) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:20-cv-02206 JVS(JDEx). Case transferred from Judge Stanley Blumenfeld, Jr and Magistrate Judge Charles F. Eick to Judge James V. Selna and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-03328 JVS(JDEx). Signed by Judge James V. Selna (rn) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#12) STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#11) APPLICATION of Non-Resident Attorney Anna Mandel to Appear Pro Hac Vice on behalf of Plaintiff Allianz Global Risks US Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31156480) filed by Plaintiff Allianz Global Risks US Insurance Company. (Attachments: #1 Proposed Order) (McCormick, Donald) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#10) APPLICATION of Non-Resident Attorney Andrew T. Houghton to Appear Pro Hac Vice on behalf of Plaintiff Allianz Global Risks US Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31156408) filed by Plaintiff Allianz Global Risks US Insurance Company. (Attachments: #1 Proposed Order) (McCormick, Donald) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#9) INITIAL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/21/2021)

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  • 04/20/2021
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  • Docket(#8) 21 DAY Summons issued re Complaint #1 as to defendant GSSL, Inc. (esa) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Charles F. Eick. (esa) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#5) NOTICE of Related Case(s) filed by Plaintiff Allianz Global Risks US Insurance Company. Related Case(s): 2:20-cv-02206-JVS (JDEx) (McCormick, Donald) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#4) Certificate and Notice of Interested Parties filed by Plaintiff Allianz Global Risks US Insurance Company, identifying Allianz of America, Inc. and AGCS International Holdings B.V.. (McCormick, Donald) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Allianz Global Risks US Insurance Company. (McCormick, Donald) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Allianz Global Risks US Insurance Company. (McCormick, Donald) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-31138093 - Fee: $402, filed by Plaintiff Allianz Global Risks US Insurance Company. (Attachments: #1 Exhibit A-C) (Attorney Donald W McCormick added to party Allianz Global Risks US Insurance Company(pty:pla))(McCormick, Donald) (Entered: 04/19/2021)

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