Zurich American Insurance Company v. Kwan Wo Ironworks Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 ZURICH AMERICAN INSURANCE Case No. 21-cv-06661-MMC

COMPANY,

8 Plaintiff, ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE v. PLEADINGS

KWAN WO IRONWORKS INC.,

11 Defendant.

12 Before the Court is defendant Kwan Wo Ironworks, Inc.’s (“Kwan Wo”) Motion, filed February 16, 2022, for Judgment on the Pleadings. Plaintiff Zurich American Insurance Company (“Zurich”) has filed opposition, to which Kwan Wo has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND2 Between April 2013 and April 2015, Zurich provided insurance to Kwan Wo under a commercial package insurance policy, a general liability insurance policy, and two workers’ compensation insurance policies. (See FAC ¶¶ 8-10.) Under the terms thereof, “the initial premium charged for each policy [was] an estimate, subject to an audit” to…