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PENGILLY MASONRY, INC. v. ASPEN INS. UK LTD.

No. CIV. S-09-802 FCD/EFB.

674 F.Supp.2d 1150 (2009)

PENGILLY MASONRY, INC., Plaintiff, v. ASPEN INSURANCE UK LIMITED, Defendant.

United States District Court, E.D. California.

November 24, 2009.

Attorney(s) appearing for the Case

Alan Louis Martini, Sheuerman, Martini & Tabari, San Jose, CA, for Plaintiff.

Ernest Slome, Janelle F. Garchie, Joseph Sammartino Gardner, Lewis Brisbois Bisgaard & Smith, LLP, San Diego, CA, for Defendant.

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This is an action to collect on a judgment entered against defendant Aspen Insurance UK Limited's ("Aspen") insured, plaintiff Pengilly Masonry, Inc. ("Pengilly"), after Aspen failed to defend Pengilly in an underlying action for damages arising out of allegedly defective work performed by Pengilly at a public works project in Hayward, California. Ultimately, Pengilly entered into a settlement...

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