Cachet Financial Services v. Berkley Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CACHET FINANCIAL SERVICES, a No. 23-55217 California corporation, D.C. No. Plaintiff-Appellant, 2:22-cv-01157-SPG-JEM

v.

MEMORANDUM*

BERKLEY INSURANCE COMPANY, a Delaware corporation; GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Sherilyn Peace Garnett, District Judge, Presiding

Argued and Submitted February 13, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges.

Cachet Financial Services appeals the district court’s dismissal of its lawsuit

against Berkley Insurance Company and Great American Insurance Company. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. have jurisdiction under 28 U.S.C. § 1291, and we affirm in part, reverse in part, and

remand for further proceedings.

Cachet is a financial services company providing Automated…