City of Vista v. Gen. Reinsurance Corp.
Opinion
Lead Opinion
Hayes, J.
The matter before the Court is the motion to remand filed by Plaintiff City of Vista. (ECF No. 7).
I. BACKGROUND
On October 25, 2017, Plaintiff City of Vista ("Vista") filed a complaint in Superior Court of the State of California for the County of San Diego against General Reinsurance Corporation ("GRC"). (ECF No. 1-2). The complaint alleges that Vista is insured under an excess indemnity insurance policy (the "Policy") issued by GRC. Id. The complaint alleges, "Pursuant to its rights, duties, and obligations arising under law and the Policy, Vista is now entitled to indemnity from [GRC], and all other defendants, arising from a workers' compensation claim brought by Vista's employee, Frank Soper." Id. at 3.
The complaint alleges that Frank Soper, a Vista employee, brought a workers' compensation claim against Vista. The parties settled the underlying workers' compensation action. The complaint alleges that under the Policy, GRC is now required "to indemnify a settlement of Mr. Soper's permanent, total disability claim" and that GRC has "refused to participate financially any further than they had participated effective and up to October 20, 2015." Id. at 1-2.