United States District Court, W.D. Washington
[Copyrighted Material Omitted]
For Seaway Properties, LLC, a Washington limited liability company, Plaintiff: Richard Lawrence Martens, Rose K McGillis, Steven A Stolle, LEAD ATTORNEYS, MARTENS ASSOCIATES PS, SEATTLE, WA.
For Fireman's Fund Insurance Company, a California corporation, Associated Indemnity Corporation, a California Corporation, Defendants: Emilia L Sweeney, LEAD ATTORNEY, CARNEY BADLEY SPELLMAN, SEATTLE, WA.
Richard A. Jones, J.
This matter comes before the court on the parties' cross-motions for summary judgment. No party requested oral argument and the court finds oral argument unnecessary. For the reasons stated below, the court GRANTS in part and DENIES in part Defendants' motion for summary judgment (Dkt. # 19) and GRANTS in part and DENIES in part Plaintiff's cross-motion for partial summary judgment (Dkt. # 26). The court sets a December 8, 2014 trial date, and directs the clerk to issue a new order setting pretrial deadlines.
Plaintiff Seaway Properties, LLC (" Seaway" ) owns a property located at 2940 Southwest Avalon Way in West Seattle. A building situated on the property houses at least two tenants: a salon and a restaurant named Cafe Revo. Ciao Bella Foods, LLC (" Ciao Bella" ) operated Cafe Revo and leased the restaurant space from Seaway.
In January 2010, a woman on her way to Cafe Revo fell as she attempted to step down from a concrete platform between the building parking lot and the entrance to the restaurant. There is no dispute that the platform and the space below it onto which she fell were common areas of Seaway's property. Seaway's lease gave Ciao Bella the right to use those common areas (which included the parking lot), but did not grant Ciao Bella exclusive control over the common areas. By contrast, Ciao Bella had exclusive control over that portion of the Seaway property that contained the Cafe Revo restaurant. The woman who fell from the platform suffered injuries for which she claimed that both Ciao Bella and Seaway were liable.
Seaway's lease to Ciao Bella required Ciao Bella to maintain commercial general liability insurance and to " name [Seaway] and any designees of [Seaway] as additional insureds under all of [Ciao Bella]'s insurance policies . . . ." Lease ¶ 10. Ciao Bella in turn purchased an insurance policy from Defendant Fireman's Fund Insurance Company (the " Policy" ). The Policy contained a " Blanket Additional Insured" endorsement that covered Seaway as an additional insured for liability arising out of the use of premises that Seaway leased to Ciao Bella. Policy at 285.
The court refers to Ciao Bella's insurer as Fireman's Fund even though it is not the insurer named in the Policy. The cover page of the Policy bears Fireman's Fund's name and logo, but declares that Associated Indemnity Corporation (" AIC" ) is the insurer. Policy at 189. No one disputes that AIC is a subsidiary of Fireman's Fund or that the two companies share some directors and officers. Fireman's Fund insists that AIC is the sole insurer in this case, Seaway contends either that Fireman's Fund is AIC's alter ego or that Fireman's Fund acted as AIC's agent with respect to the events giving rise to this lawsuit. The court will consider that dispute near the end of this order. Until then, because virtually everyone involved with this dispute (including ...