McAdam

McAdam v. State National Insurance

Good Law
15 F. Supp. 3d 1009·2014 WL 1614515·2014 U.S. Dist. LEXIS 37808
United States District Court, Southern District of CaliforniaMarch 21, 2014Case No. 12-CV-1333 BTM-MDDCalifornia4,769 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER RE: OBJECTIONS TO THE ORDER COMPELLING BETTER DISCOVERY RESPONSES

Defendant State National Insurance Company, Inc. (“State National”) and Arnold & Arnold, Inc. (collectively, “the objectors”) have filed objections (Doc. 50) to the November 1, 2013 Order Compelling Better Discovery Responses in this case. .For the reasons set forth herein, the Court VACATES the Order (Doc. 44) and the matter is REMANDED for further proceedings consistent with this Order.

I. BACKGROUND

This case arises from a “Hull and Machinery/Protection and Indemnity” Policy (“Policy”) issued by State National to Plaintiff Robert McAdam for the term May 5, 2011 to May 5, 2012. State National is a “program” underwriting firm that does not do claims adjustment itself. Plaintiff owns the vessels Jessica M and Shirley B, both of which were insured under the Policy at all relevant times. On February 24, 2012, Shirley B’s rudder snapped off while the vessel was fishing near New Zealand. Jessica M sailed some 70 miles to help and towed Shirley B to port in Tauranga, New Zealand. State National directed the Shirley B to a repair yard in Whangarei, New Zealand. Both ships underwent repairs in New Zealand.…

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