Crum & Forster Indemnity Company v. Robb Report Media LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division CRUM & FORSTER INDEMNITY Case No. 20-cv-00127-LB

COMPANY,

12 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART MOTION TO v. DISMISS 14 ROBB REPORT MEDIA LLC, et al., Re: ECF No. 44 15 Defendants. 16 INTRODUCTION The plaintiff Crum & Forster, an insurer, underwrote an insurance policy for Ferrari for a 2018 Ferrari 812 Superfast, which two defendants —Anatoly Borokhovich (the driver) and Emil Borokhovich (the passenger) — crashed (and totaled) at an event in Napa where attendees could test drive luxury cars.1 Defendant Robb Report leased the car for the event, and the Borokhovichs signed a contract requiring them to pay for any damage to the car.2 Crum paid Ferrari $292,508.35 for the car and filed this lawsuit to recover this amount, claiming that the defendants breached the 24

26 1 Second Am. Compl. (“SAC”) – ECF No. 33 at 2 (¶ 3), 5 (¶ 33).…