Carver
Carver v. American Family Mutual Ins. Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Shelby Carver, No. 2:21-cv-01082-KJM-DMC Plaintiff, ORDER v. American Family Mutual Insurance Company, and Does 1 through 25, Defendants. 17 Shelby Carver brings this insurance coverage action against American Family Mutual Insurance Company after it denied her underinsured motorist claim. Carver alleges breach of 20 contract and breach of the implied covenant of good faith and fair dealing. American Family moves to dismiss the second claim, or in the alternative, moves to bifurcate and stay the claim pending Carver’s resolution of her dispute against the underinsured driver. For the following 23 reasons, the court denies the motion. 24 I. BACKGROUND Plaintiff Shelby Carver was in a car accident with an underinsured motorist (UIM) on February 22, 2018, in Chico, California. First Am. Compl. (FAC) 9 4, ECF No. 8; Mot. at 1, ECF No. 9-1. At the time of…