FLRish Retail Management & Security Services LLC v. Hallmark Specialty Insurance Company

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 FLRISH RETAIL MANAGEMENT & Case No. 20-cv-00096-CRB SECURITY SERVICES LLC, et al., 9 Plaintiffs, ORDER GRANTING MOTION TO 10 DISMISS v. 11

HALLMARK SPECIALTY INSURANCE

12 COMPANY,

13 Defendant.

14 Plaintiffs (collectively, “FLRish”) have sued Hallmark Specialty Insurance Co., claiming 15 that Hallmark wrongfully denied coverage and violated its duty to defend FLRish against a 16 discrimination and retaliation action brought by a former employee. Because the claim at issue 17 was clearly excluded from coverage under the applicable policies, Hallmark’s motion to dismiss is 18 granted with prejudice. 19 I. BACKGROUND 20 On March 1, 2018, Hallmark issued an employment practices liability policy of insurance 21 to FLRish. Compl. (dkt. 1) ¶ 9. The initial policy ran from March 1, 2018, to March 1, 2019, 22 Policy One (dkt. 11, Ex. A) at HSIC 3,1 and was renewed for a period running from March 31, 23 2019, to March 31, 2020, Policy Two at HSIC 34. Both…