Employers Assurance Company v. The Ford Store Morgan Hill Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 EMPLOYERS ASSURANCE Case No. 21-cv-06800-BLF

COMPANY,

8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART EMPLOYERS’ v. MOTION TO DISMISS COUNTERCLAIM, WITHOUT LEAVE TO AMEND

THE FORD STORE MORGAN HILL,

INC., [Re: ECF 20]

Defendant. _________________________________

THE FORD STORE MORGAN HILL,

INC.,

15 Counterclaimant, 16 v.

EMPLOYERS ASSURANCE

COMPANY, Counterdefendant.

20 This action arises out of an insurance coverage dispute between Plaintiff-Counterdefendant Employers Assurance Company (“Employers”) and Defendant-Counterclaimant The Ford Store Morgan Hill, Inc. (“Ford”). The action was filed by Employers, which seeks a declaration that a workers’ compensation and employment liability policy it issued to Ford did not give rise to a duty to defend or indemnify Ford in a…