Katherine L. Malkin v. Federal Insurance Company

Good Law
United States District Court, Central District of CaliforniaOctober 20, 20232:21-cv-00172California3,174 words

Opinion

Trial Court Opinion

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 bearing policy number 13854552-01 (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 February 4, 2022, the parties filed cross-motions for judgment on the pleadings, along with a joint stipulation of facts in support of the cross-motions. Dkt. 32,…

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