The Travelers Indemnity Company of Connecticut v. I.C. Refrigeration Service Inc., et al.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THE TRAVELERS INDEMNITY Case No. 25-cv-05508-JSC

COMPANY OF CONNECTICUT,

8 Plaintiff, ORDER RE: MOTION TO DISMISS 9 v. Re: Dkt. No. 26 10 I.C. REFRIGERATION SERVICE INC., et 11 al., Defendants. 12 13 This insurance coverage dispute arises out of a construction defect action in state court. 14 On July 1, 2025, Travelers Indemnity Company of Connecticut (“Travelers”) filed a Complaint in 15 this Court against its insureds, I.C. Refrigeration Service Inc. (“IC”) and Flory Construction, Inc. 16 (“Flory”). (Dkt. No. 1.)1 The Complaint seeks a declaration that Travelers2 has no duty to defend 17 or indemnify IC and Flory in the construction defect lawsuit currently pending in Alameda County 18 Superior Court (the “Underlying Suit”). Pending before the Court is Flory’s Motion to Dismiss or, 19 in the alternative, Motion to Stay. (Dkt. No. 26.) After carefully considering the parties’ written 20 submissions, and having had the benefit of oral argument on October 23, 2025, the Court 21 GRANTS…