Kinsale Insurance Company v. Fairwinds Estate Winery LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KINSALE INSURANCE COMPANY, Case No. 3:21-cv-05968-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

FAIRWINDS ESTATE WINERY LLC, Re: Dkt. No. 13 Defendant.

12 Defendant Fairwinds Estate Winery LLC (“Fairwinds”) owns a winery that was damaged by the Glass Fire and partially insured by plaintiff Kinsale Insurance Company (“Kinsale”). Kinsale filed this suit seeking declaratory judgment that it does not owe anything for the losses. Soon after, Fairwinds filed suit in state court for breach of contract based on the same facts and Kinsale removed it to this Court. In a separate order, I remand the other case to state court. Fairwinds now seeks to dismiss this case. Oral argument is unnecessary and the hearing is VACATED. The motion to dismiss is GRANTED. Because the state-court case will proceed, declining jurisdiction under the Declaratory Judgment Act is appropriate to avoid two lawsuits litigating the same issues in different court…