Braden

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD BRADEN, et al., Case No. 24-cv-04599-JSC

Plaintiffs, ORDER RE: DEFENDANT'S MOTION v. TO DISMISS

RLI INSURANCE COMPANY, Re: Dkt. No. 9 Defendant.

12 Plaintiffs allege Defendant owes a duty to defend them in a pending civil action under an insurance policy to which Plaintiffs are beneficiaries. Defendant moves to dismiss on the grounds Plaintiffs’ claimed relief is barred by an insurance policy exclusion. (Dkt. No. 9.) Having carefully reviewed the parties’ briefing, and with the benefit of oral argument on September 26, 2024, the Court DENIES the motion to dismiss. Because this Court cannot take judicial notice of the truth of the matters asserted in the underlying action’s complaint, Defendant has not carried its burden to prove the contract exclusion applies as a matter of law. BACKGROUND I. Complaint Allegations Plaintiffs entered into a Personal Umbrella Liability Policy…