Gaylord

Gaylord v. Nationwide Mutual Insurance

Caution
776 F. Supp. 2d 1101·2011 WL 836459·2011 U.S. Dist. LEXIS 21736
United States District Court, Eastern District of CaliforniaMarch 4, 20111:10-CV-620 AWI MJSCalifornia14,835 words

Opinion

Opinion

Ishii, J.

ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This is an insurance coverage case that arises out of the death of cattle. Plaintiffs Ted and Sheri Gaylord (“Plaintiffs”) brought suit against Defendants Nationwide Mutual Insurance Company (“Nationwide”) and Amco Insurance Company (“Amco”) (collectively “Defendants”) because Defendants refused to cover the loss and defend Plaintiffs against the claims of a third party. Plaintiffs allege claims for breach of contract, breach of the covenant of good faith and fair dealing, and declaratory relief. Defendants now move for summary judgment on all claims. For the reasons that follow, Defendants’ motion will be granted in part, and denied in part.

FACTUAL BACKGROUND

Plaintiffs own and operate a livestock operation known as J & T Cattle Co., whereby they raise beef cattle owned by them as well as beef cattle owned by others. PUMF 1; see also DUMF 4. Plaintiffs’ livestock operation is principally located at 27552 Lake Road, La Grange, California. PUMF 2. Individuals bring cattle to Plaintiffs’ farm, where their cattle is fed and cared for by Plaintiffs until the cattle reach a certain weight and are ready for slaughter. JUMF…

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