Bolthouse Farms, Inc. v. Atkinson Staffing, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WM. BOLTHOUSE FARMS, INC., No. 1:19-cv-01560-NONE-JLT Plaintiff, v. ORDER GRANTING IN PART MOTION

FOR JUDGMENT ON THE PLEADINGS

MESA UNDERWRITERS SPECIALTY WITH LEAVE TO AMEND

INSURANCE COMPANY,

(Doc. No. 40) Defendant.

17 This case is an insurance coverage dispute brought by plaintiff Wm. Bolthouse, Inc. against defendant Mesa Underwriters Specialty Insurance Company and until May 15, 2020, Atkinson Staffing, Inc. (“Atkinson”). Plaintiff was an additional insured on a commercial general liability policy defendant issued to Atkinson. Plaintiff was sued by third-party David Lara, and plaintiff offered to tender its defense to defendant. Defendant declined to accept the tender, claiming that it was not contractually obligated to do so, leading plaintiff to file this lawsuit on November 1, 2019. (Doc. No. 1 (original complaint).) Now pending before the court is defendant’s motion for judgment on the…