The Motion (ROA # 674) of Defendant and Cross-Complainant VM ENERGY, LLC ("Defendant" or "VM Energy") for summary adjudication of Cross-Defendant and Cross-Complainant JOHNSON & WOOD INSURANCE SERVICES, INC., now known as JAYHUSKERS, INC.)("Johnson & Wood") claims-reporting duties with respect to the underlying claim by Dallas Clean Energy McCommas Bluff, LLC ("DCEMB") against VM Energy (the "DCEMB Claim"), is GRANTED IN PART AND DENIED IN PART.

As discussed below, summary adjudication of issue number 1 is granted, and summary adjudication of issue 2 is denied.

Introduction

It is undisputed that Johnson & Wood procured the liability insurance policy from Endurance American Specialty Insurance Company through Sloan Mason, a licensed surplus lines broker, because Endurance was a non-admitted carrier. On June 25, 2013, Dallas Clean Energy McCommas Bluff, LLC ("DCEMB") sent the DCEMB claim to Johnson & Wood. On June 27, 2013, Johnson & Wood emailed the DCEMB claim to Grant Kanamori of S