San Francisco Bay Area Rapid Transit District v. National Union Fire Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO BAY AREA RAPID Case No. 20-cv-04468-EMC
TRANSIT DISTRICT,
8 Plaintiff, ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS v. Docket Nos. 15, 18,
NATIONAL UNION FIRE INSURANCE
COMPANY, et al.,
Defendants.
13 14 Plaintiff San Francisco Bay Area Rapid Transit District (“SF BART”) filed this suit against Midwest Employers Casualty Company (“Midwest”), National Union Fire Insurance Company (“National”), and Westport Insurance Company (“Westport”) (collectively, “Defendants”). Defendants insured SF BART at different periods in time between July 1, 1992, and July 1, 2006. SF BART raises two causes of action for (1) breach of contract; and (2) declaratory relief. Pending before the Court are Defendants’ independently filed motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). All three motions raise the same grounds for dismissal: (1) judicial estoppel; (2) collateral…