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SANTANA ROW HOTEL PARTNERS v. ZURICH AMERICA

No. C 05-00198 JW.

446 F.Supp.2d 1108 (2006)

SANTANA ROW HOTEL PARTNERS, L.P., Plaintiff, v. ZURICH AMERICA INSURANCE COMPANY, Gallagher-Pipino, Inc., and Arthur J. Gallagher & Co., Inc., Defendants.

United States District Court, N.D. California, San Jose Division.

February 22, 2006.

Attorney(s) appearing for the Case

Allen Ruby, Glen W. Schofield, Steven A. Ellenberg, Ruby & Schofield, San Jose, CA, for Plaintiff.

Gary R. Selvin, Selvin, Wraith, Halman, LLP, Oakland, CA, Alan Michael Jones, Steven Donald Turner, Jones Turner, LLP, Irvine, CA, for Defendants.

ORDER DENYING ZURICH'S MOTION TO DISMISS

JAMES WARE, District Judge.

I. INTRODUCTION

Plaintiff Santana Row Hotel Partners, L.P. ("Plaintiff') brings this suit against Defendants Zurich American Insurance Company ("Zurich"), Gallagher-Pipino, Inc. ("Gallagher"), and Arthur J. Gallagher & Co. (collectively "Defendants") alleging breach of contract and fraud. Plaintiff alleges that Zurich failed to pay losses resulting from a fire which were covered...

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