Pollock
Pollock v. Federal Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS POLLOCK, et al., Case No. 21-cv-09975-JCS
Plaintiffs,
ORDER GRANTING MOTION TO
v. COMPEL ARBITRATION
FEDERAL INSURANCE COMPANY, Re: Dkt. No. 27 Defendant.
12 I. INTRODUCTION This is an insurance coverage action for breach of contract, declaratory judgment, breach of the implied covenant of good faith and fair dealing, and negligence, brought by Plaintiffs Thomas Pollock and Eileen Tabios (collectively, “Homeowners”) against Defendant Federal Insurance Company (“Federal”). Homeowners have filed a motion to compel arbitration on claims regarding the amount of loss to a total-loss guesthouse on the insured property, seeking an appraisal in accordance with the terms of the applicable insurance policy. Federal contends that Homeowners cannot enforce the mandatory arbitration provision in the parties’ agreement because the fire that burned down the guesthouse was a government-declared disaster, and because unresolved coverage…