Fairwinds Estate Winery, LLC v. Kinsale Insurance Company

BACKGROUND

20 Fairwinds owns and operates a winery in Calistoga, California. Complaint (“Compl.”) 21 [Dkt. No. 2, Ex. A] ¶ 1. It possessed a primary property insurance policy (the “Primary Policy”) 22 issued by non-party Beazley Insurance Services (“Beazley”) that lasted from May 1, 2020, to May 23 1, 2021. Id. ¶ 24. It had a coverage limit of $8,3100,000. Id. ¶ 25. Fairwinds also possessed an 24 excess property insurance policy (the “Excess Policy”) from Kinsale that lasted from August 1, 25 2020, to May 1, 2021. Id. ¶ 26. That Excess Policy provided additional coverage above the 26 Primary Policy up to (according to Fairwinds) $2,060,831. Id. ¶ 27. The Primary Policy was 27 obtained through a broker, Malloy. Id. ¶ 24. Malloy also obtained a quote from Kinsale for the Excess Policy and transmitted it to Fairwinds. Id. ¶ 30. On September 27, 2020, the Glass Fire, a large wildfire, burned through swathes of Napa and Sonoma counties. Id. ¶ 23. It reached a “large portion” of Fairwinds’s winery, destroying its main building and tasting room and damaging many other areas. Id. ¶ 24. Fairwinds submitted a claim to Beazley, which paid to the…