Houston Casualty Company v. National Union Fire Insurance Company of Pittsburgh, PA

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HOUSTON CASUALTY COMPANY, Plaintiff, No. C 18-06147 WHA

v.

NATIONAL UNION FIRE INSURANCE ORDER RE MOTION FOR COMPANY OF PITTSBURGH, PA, et al., SUMMARY JUDGMENT,

ADMINISTRATIVE MOTION TO

Defendants.

FILE UNDER SEAL, AND

VACATING HEARING

INTRODUCTION In this insurance action, this order finds that the primary carrier breached its duty of good faith and fair dealing by refusing to settle within policy limits or so a reasonable jury could find based on this record. STATEMENT Defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania, was the primary insurer for Anderson Hay & Grain, an exporter of hay and straw products. Plaintiff Houston Casualty Company had the excess. National Union’s primary policy had a general aggregate limit of $10 million, an each-occurrence limit of one million dollars, and an each- location aggregate sub-limit…