Clark v. AMCO Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KATHRYN CLARK, et al., Case No. 22-cv-01698-WHO

Plaintiffs, ORDER DENYING PLAINTIFFS' v. MOTION FOR PARTIAL SUMMARY

JUDGMENT

AMCO INSURANCE COMPANY, et al., Re: Dkt. No. 45 Defendants.

12 Kathryn and Jered Clark (the “Clarks” or “plaintiffs”) assert claims in this lawsuit for breach of contract and breach of covenant of good faith and fair dealing against their insurer, Nationwide Mutual Insurance Company (“Nationwide” or “defendant”), regarding the denial of a supplemental claim for damage to their home. They now move for partial summary judgment declaring that the “Undetectable Wildfire or Brushfire Particles” exclusion (“Exclusion 14”) in their policy is invalid and unenforceable and that Nationwide was not entitled to rely on it when making a coverage determination. Because there are disputes of fact concerning whether Nationwide relied on the allegedly unlawful exclusion, the Clarks cannot obtain summary judgment; a decision on…