Tri-Union Seafoods, LLC v. Starr Surplus Lines Insurance

ORDER DENYING DEFENDANT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO TRANSFER

Defendant Starr Surplus Lines Insurance Company (“Starr” or “Defendant”) moves to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative, to transfer the action to the Southern District of New York pursuant to 28 U.S.C. § 1404 . Plaintiff TriUnion Seafoods, LLC, doing business as Chicken of the Sea International (“TriUnion” or “Plaintiff’), filed an opposition, to which Defendant replied. See Doc. Nos. 9, 11. The Court found this matter suitable for determination on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons set forth below, the Court DENIES Defendant’s motion in its entirety.

Background

This action concerns an insurance dispute under Product Contamination Insurance Policy No. SLSLCRM8202551 (the “Policy”) issued by Defendant to Plaintiff for the period of November 15, 2011 to November 15, 2012. 1 Plaintiff is a San Diego-based company that makes and markets canned seafood and other value-added seafood products. The events giving rise to this dispute occurred on May 25, 2012, when the Food and Drug…