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 DENYING WITHOUT 9 PREJUDICE MOTION FOR DEFAULT v. JUDGMENT 10 I.C. REFRIGERATION SERVICE INC., et Re: Dkt. No. 35 11 al., Defendants. 12 13 In this insurance coverage declaratory judgment action, Plaintiff insurer Travelers 14 Indemnity (“Travelers”) seeks a judicial declaration it has no duty to defend or indemnify I.C. 15 Refrigeration Service, Inc. or Flory Construction, Inc. (“Flory”) in a state court construction defect 16 action Highbridge Oakland (“Highbridge”) has filed against these two entities (the “Underlying 17 Suit”). By Order filed November 10, 2025, the Court granted Flory’s motion to dismiss Travelers’ 18 claim as to the duty to defend because Travelers could not show the damages Highbridge seeks in 19 the Underlying Suit are not potentially “property damages” covered by the policies at issue 20 (collectively “the Policy”), and failed to establish…