JM Manufacturing Company, Inc. v. Affiliated FM Insurance Company

I. Background

1 A. Factual Background

Plaintiff J-M Manufacturing, Inc. (“JM Eagle”) manufactures high-grade, high-performance p lastic pipes. JM Eagle took out an “all risk” property insurance policy with Defendant Affiliated FM In surance Company (“AFM”) for the period from November 1, 2016, to November 1, 2017 (the “Polic y”). This dispute concerns whether or not t he Policy covers losses suffered by JM Eagle in Augus t 2017 due to damage caused by Hurricane Harvey. 6 B. Procedural History 7 On May 28, 2019, JM Eagle filed this action in the Superior Court of California, County of 8 Los Angeles, alleging claims for breach of contract, tortious breach of the implied covenant of good 9 faith and fair dealing (referred to herein as the “bad faith claim”), and declaratory relief. ECF No. 11 10 (“Initial Complaint” or “Initial Compl.”) at 3. On February 25, 2022, JM Eagle filed a Second 11 Amended Complaint. ECF No. 110 (“SAC”). JM Eagle’s SAC set forth new allegations regarding 12 the Bad Faith Claim as it relates to the Wharton facility. 13 On February 23, 2023, the Court issued an Order Denying Plaintiff’s Second Motion for 14 Partial Summary Judgment, Granting…