Rockhill Insurance Company v. High End Development, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROCKHILL INSURANCE COMPANY, Case No. 22-cv-03104-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. LIFT STAY

HIGH END DEVELOPMENT, INC., Re: Dkt. No. 50 Defendant.

On November 29, 2022, this case was stayed under the Court’s inherent authority. Landis v. North American Co., 299 U.S. 248 (1936). At the time, there was an ongoing state court action regarding alleged damage caused by High End Development at a property owned by Niki Properties. There was substantial factual overlap between the state court action and this case: Here, Rockhill Insurance alleges that High End was on notice about a claim for construction defects at the property before High End represented to Rockhill that it was not aware of any such claims, arguing that this misrepresentation renders the policy void. On that basis, Rockhill seeks recission of the insurance contract. Rockhill also sought declaratory relief, arguing that even if the policy is valid, High End’s alleged knowledge of the damage eliminated Rockhill’s duty to defend and indemnify High End in the Niki Properties dispute. Both the federal and state…