Katherine L. Malkin v. Federal Insurance Company

I. INTRODUCTION

On December 14, 2020, plaintiff Katherine L. Malkin filed this action in Santa Barbara County Superior Court against defendant Federal Insurance Company, alleging (1) breach of contract; and (2) breach of the implied covenant of good faith and fair dealing. See Dkt. 1-1 (“Compl.”). Defendant issued an “all risk” insurance policy (the “Policy” to plaintiff with respect to her home located at 2910 Sycamore Canyon Road, Montecito, CA 93108 (‘Home’). Id. § 7. Plaintiff asserts that the Home and its contents suffered damage due to fire, ash, and rain during the January 27, 2017 to January 27, 2018 coverage period. Id. {] 25-27, 30-33, 35. Defendant rejected plaintiff's claims, and denied coverage for certain damage to the Home. Id. { 75-76. On January 6, 2021, defendant answered plaintiff's complaint. Dkt. 1-3. On January 8, 2021, defendant removed this action to this Court on the basis of diversity of citizenship. See Dkt. 1 (“Removal”) § 1. On December 15, 2021, the parties filed a motion for leave to file cross-motions for judgment on the pleadings. Dkt. 28. Therein, the parties stated that “[s]olely for purposes of the parties’…