Nationwide Agribusiness Insurance Company v. Penn-Star Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NATIONWIDE AGRIBUSINESS Case No. 1:23-cv-01528-JLT-CDB
INSURANCE COMPANY,
ORDER GRANTING NATIONWIDE’S Plaintiff, MOTION TO REMAND; DENYING AS MOOT PENN-STAR’S REQUESTS FOR v. JUDICIAL NOTICE AND MOTION TO DISMISS; AND REMANDING CASE TO
PENN-STAR INSURANCE COMPANY KERN COUNTY SUPERIOR COURT
and GRIMMWAY ENTERPRISES, INC. d/b/a GRIMMWAY FARMS, (Docs. 7, 11-1, 19, 28) 16 Defendants. 17 In December 2020, the driver of a tractor drove across a road in Kern County. Due to fog, he did not see a truck in his path and broadsided it. The truck’s occupants sued the tractor driver, his employer, and the owner of the tractor in Kern County Superior Court. The companies insuring the defendants are now fighting among themselves as to whether they owe the duty to defend or indemnity defendants in the state court action. Nationwide Agribusiness Insurance Company filed an…