Underwriters
Save Mart Supermarkets v. Underwriters at Lloyd's London
Opinion
Opinion
Weigel, J.
MEMORANDUM AND ORDER
I. BACKGROUND.
Save Mart Supermarkets (“Save Mart”) is a California corporation which operates several retail stores in Northern California. 1st Am.Compl., ¶ 1. Underwriters at Lloyd’s and Sphere Drake Insurance PLC (collectively “the London Defendants”) allegedly provided combined Property, Casualty, and Crime Insurance to Save Mart pursuant to Policy No. GUV 1386/190 (“the Policy”), from December 1,1990, to December 1, 1993. In this action, Save Mart seeks a declaration that it is entitled to coverage under the Policy for costs incurred in connection with Herring v. Fry’s Food and Drug Stores, The Kroger Company, Save Mart, C-90-3571 (BAC) (“the Herring Action”).
A The Herring Action.
On April 8, 1988, Barbara Jean Herring, an employee of Fry’s Food and Drug Stores (“Fry’s”), filed formal charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”). She alleged that Fry’s had discriminated against her on the basis of her sex since November, 1978.
In March, 1989, Save Mart purchased certain assets of Fry’s from The Kroger Company. On September 14, 1990, Herring…