SAN FRANCISCO — An insurer is suing DeSilva Gates Construction LP, a California company, to seek declaratory relief.
Travelers Indemnity Company of Connecticut filed a complaint on Dec. 2, in the U.S. District Court for the Northern District of California against DeSilva Gates Construction LP alleging that the California company failed to follow applicable provisions of the insurance policy.
According to the complaint, the plaintiff alleges that, on Feb. 18, Travelers Indemnity Company of Connecticut becomes obligated to defend the defendant as an additional insured under a policy originally entered with Griffin Soil Inc. On May 23, plaintiff informed defendant that it was appointing the law firm of Rivera & Associates to defend them. However, defendant declined representation and demanded to retain an independent counsel of its own choosing, Marden Law Group. As a result, the plaintiff now seeks a declaration that it has no duty to provide defendant with an independent counsel, because under the express terms of the policy, plaintiff has the exclusive right to control defendant’s defense against any underlying action. The plaintiff holds DeSilva Gates Construction LP responsible because the defendant allegedly breached its duty to cooperate, and interfered with plaintiff or insurer's right to assign and control the defense.
The plaintiff requests a trial by jury and seeks judgment against defendant, judicial declaration that defendant is not entitled to independent counsel, that plaintiff has no further duty to defend the defendant after its refusal of assigned counsel, and has no duty to indemnify the defendant, damages, costs of action and further relief as the Court deems just. They are represented by Ramiro Morales and Henry Su of Morales Fierro & Reeves in Pleasant Hill.
U.S. District Court for the Northern District of California Case number 16-cv-06948