Houston Casualty Company v. Strata CorporationMOTION for Summary JudgmentD.N.D.January 27, 2017JON T. DYRE CROWLEY FLECK PLLP 500 Transwestem Plaza II 490 North 31ST Street P.O. Box 2529 Billings, MT 59103-2529 Telephone: (406) 252-3441 Fax:(406)259-4159 Attorneys for Houston Casualty Company UNITED STATES DISTRICT COURT DISTRICT OF NORTH DAKOTA, EASTERN DIVISION HOUSTON CASUALTY COMPANY, ) Civil Cause No.: 13-16-cv-289 ) Plaintiff, ) ) vs. ) HOUSTON CASUALTY ) COMPANY'S MOTION FOR STRATA CORPORATION, ) SUMMARY JUDGMENT ) Defendant. ) J_ Plaintiff Houston Casualty Company ("HCC") moves the Court for summary judgment, pursuant to Rule 56, Fed. R. Civ. P. The undisputed facts establish that the Underlying Action at issue in this case is not covered by HCC's Commercial Excess Liability policy provided to Defendant Strata Corporation. Based on the lack of coverage, the remaining claims also fail as a matter of law. For the reasons indicated in the supporting brief, HCC is entitled to summary judgment, and requests the Court declare that the Underlying Action is not covered Page 1 of 3 Case 3:16-cv-00289-RRE-ARS Document 30 Filed 01/27/17 Page 1 of 3 by HCC's Commercial Excess Liability policy and that HCC has not violated a duty to indemnify or defend and has not violated a duty to act in good faith. This motion is supported by a brief, attachments, and affidavit, filed contemporaneously with this motion. Dated this 27th day of January, 2017. CROWLEY FLECK PLLP By: /s/ Jon T. Dyre Jan T. Dyre P.O. Box 2529 Billings, MT 59103-2529 Attorneys for Houston Casualty Company Page 2 of 3 Case 3:16-cv-00289-RRE-ARS Document 30 Filed 01/27/17 Page 2 of 3 CERTIFICATE OF SERVICE I, hereby certify that on the 27th day of January, 2017,1 served upon the parties to this action by serving a copy of the foregoing document upon each party listed below by the following means: [ ] U.S. IVIail Jason A. Lien [ ] FedEx Jesse D. Mondry [ ] Hand-Delivery 3300 Wells Fargo Center [ ] Facsimile 90 South Seventh Street [ ] Email Minneapolis, MN 55402 [x] ECF Electronic filing Attorneys for Strata Corporation /s/ Jon T. Dyre Page 3 of 3 Case 3:16-cv-00289-RRE-ARS Document 30 Filed 01/27/17 Page 3 of 3