Aerojet Rocketdyne, Inc. v. Global Aerospace, Inc.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 AEROJET ROCKETDYNE, INC., Case No. 2:17-cv-01515-KJM-AC 12 Plaintiff, 13 v. ORDER 14 GLOBAL AEROSPACE, INC., et al., 15 Defendants. 16 17 This is an insurance recovery and bad faith suit arising from (1) a May 22, 2014 18 failure of plaintiff and counter-defendant Aerojet Rocketdyne, Inc.’s engine during a hot-fire test 19 and (2) an October 20, 2014 failure of an Aerojet engine during the launch of an Antares rocket 20 headed for the International Space Station. Aerojet paid non-party Orbital $30.5 million to settle 21 claims arising from both accidents. Global Aerospace Inc. and its pool members and co-insurers,1 22 defendants and counter-plaintiffs, denied Aerojet’s claim for the settlement and defense costs, 23 finding the claim was not covered under Aerojet’s policy with Global. Aerojet now moves for

1 See ECF No. 154 ¶¶ 106−132 (describing each defendant and counterclaimant). For purposes of this order, the court refers to all defendants except defendant Mitsui Sumitomo Insurance Co. of America using the nomenclature “Global.” Global,…