The opinion of the court was delivered by: VUKASIN
J. P. VUKASIN, JR., UNITED STATES DISTRICT JUDGE
Plaintiff Allstate Insurance Company's Motion for Summary Judgment was scheduled to be heard on April 25, 1991. After a review of the briefs, this court considered it appropriate to submit the motion on the pleadings pursuant to Local Rule 220-1, and now GRANTS the motion.
Allstate Insurance Company ("Allstate") moves for summary judgment that it has no duty to defend or to indemnify its insured, Mr. and Mrs. Hansten (the "Hanstens") against a suit filed by Mr. and Mrs. Wedekind (the "Wedekinds") in the Superior Court of the State of California (the "state court action"). The complaint in the state court action (the "Wedekind Complaint") alleges that the Hanstens committed a series of violations in connection with the sale of a home to the Wedekinds.
The Hanstens tendered the defense of the state court action to Allstate and demanded that Allstate indemnify them for any liability resulting therefrom. Allstate accepted the defense temporarily and reserved the right to contest its obligation to defend or indemnify the Hanstens at a later date.
The Hanstens built a house with Albert Burgess, a contractor, and obtained a homeowner's policy with Allstate. They sold the house to the Wedekinds. The Wedekinds later sued the Hanstens and Burgess in the state court action. The Wedekind Complaint asserts ten causes of action: (1) breach of contract, (2) breach of express warranty, (3) breach of implied warranty, (4) strict liability, (5) negligence, (6) intentional misrepresentation, (7) negligent misrepresentation, (8) fraud and failure to disclose, (9) intentional infliction of emotional distress, and (10) negligent infliction of emotional distress.
1. Standard for Summary Judgment.
Summary judgment should be granted where it is shown that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). Summary judgment, when appropriate, is a favored method of resolution. Celotex, 477 U.S. at 322, 106 S. Ct. at 2552. When a properly supported motion for summary judgment is made, the adverse party must set forth specific facts showing that there is a genuine issue for trial. Anderson, 477 U.S. at 250, 106 S. Ct. at 2511.
2. Policy Coverage for Accidents Only.
The Hanstens' homeowner's policy with Allstate only covers damages that arise as a result of accidents. The first, second, third, fourth, sixth, eighth, and ninth causes of action in the Wedekind Complaint allege that the Hanstens committed intentional violations of their legal obligations. Since these causes of action can not create liability that would ...