The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF
LAW Date: March 5, 2012 Time: 10:00 a.m. Crtrm.: 8
Defendants TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA's and THE TRAVELERS COMPANY, INCORPORATED's Motion for Summary Judgment, and Plaintiff L. M. SCOFIELD COMPANY, INCORPORATED's Motion for Partial Summary Judgment, both pursuant to Fed. R. Civ. P. 56, came on regularly for hearing on March 5, 2012, before the Hon. Manuel L. Real, Judge presiding. Peter J. Godfrey, of Gilbert, Kelly, Crowley & Jennett LLP, appeared on behalf of Plaintiff. David T. DiBiase and Mark J. Krone, of Anderson, McPharlin & Conners LLP appeared on behalf of Defendants.
The Court makes the following findings of fact:
1. Plaintiff L. M. SCOFIELD COMPANY, INCORPORATED ("Scofield") is a citizen of California. (Joint Statement of Uncontroverted Facts No. ["UF"] 17, filed as Docket Document No. 10.)
2. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ("Travelers") is an insurance company that is a citizen of and headquartered in Hartford, Connecticut. (UF 2 and 17.)
3. THE TRAVELERS COMPANIES, INC. (sued incorrectly herein as "THE TRAVELERS COMPANY, INC.") is a citizen of Minnesota. (UF 17.)
4. Scofield employed David J. Wardenaar ("Wardenaar") from June 10, 1996 until July 25, 2008. (UF 4.)
5. From approximately December 7, 1996 to July 23, 2008, Wardenaar, without knowledge or permission of Scofield, spent approximately $572,447 in hundreds of personal purchases using Scofield's company credit cards (the "Prohibited Purchases"), which purchases included purchases of gifts for family and paramours, travel, hotels, rental cars, cash advances, and other personal items and services. (UF 5 -- 7.)
6. Wardenaar paid for his Prohibited Purchases using funds from Scofield's operating account and funds drawn from Scofield's lines of credit with banks. (UF 8.)
7. Travelers issued in favor of Scofield its "Wrap " policy of insurance No. 104971442 (the "Policy"), effective from July 3, 2009 to July 3, 2010. (UF 3; Exhibit A thereto.)
8. The Policy provided indemnity coverage to Scofield from various perils, coverage under the Crime Terms and Conditions form, Form No. CRI-3001 (07-05) (the "Crime Policy"). With respect to loss directly caused by "Theft" by ...