ESPARZA v. BURLINGTON INS. CO.

Case No. CV F 10-1079 LJO JLT.

866 F.Supp.2d 1185 (2011)

Luis M. ESPARZA, et al., Plaintiffs, v. The BURLINGTON INSURANCE COMPANY, Defendant.

United States District Court, E.D. California.

August 8, 2011.


Attorney(s) appearing for the Case

James H. Wilkins , Wilkins Drolshagen and Czeshinski, Fresno, CA, for Plaintiffs.

Aaron C. Agness , Patricia Ann Daza , Weston & McElvain LLP, Los Angeles, CA, for Defendant.


SUMMARY JUDGMENT DECISION (Doc. 20.)

LAWRENCE J. O'NEILL, District Judge.

INTRODUCTION

Defendant Burlington Insurance Company ("Burlington") seeks summary judgment on plaintiffs' Luis M. Esparza ("Mr. Esparza") and Esparza Enterprises, Inc. ("Esparza Enterprises") breach of insurance contract and bad faith claims in the absence of Burlington's duty to defend Mr. Esparza and Esparza Enterprises (collectively "plaintiffs") in an underlying...

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