Il Fornaio (America) LLC v. Arthur J. Gallagher Risk Management Services, LLC erroneously sued as Arthur J. Gallagher & Co. Insurance Brokers of California, Inc.

INTRODUCTION

18 In this insurance matter, plaintiff’s motion to strike affirmative defenses in defendant’s 19 answer to the first amended complaint is GRANTED. 20

STATEMENT

21 Defendant Gallagher was the insurance broker for IFCB Holding Corporation (“IFCP”) 22 between July 2006 and October 2016, and again between September 2019 and July 2020. 23 24 Marsh was IFCP’s insurance broker from 2016 to September 2019. In June 2019, IFCP 25 procured a policy called “Private Edge Policy” which covered IFCB and its subsidiaries. Both 26 sides dispute whether Il Fornaio was a subsidiary of IFCP and therefore covered under the 27 policy (Compl. ¶ 6; Dkt. No. 28 at 8). In September 2019, Plaintiff Il Fornaio was acquired by IFCP. Defendant was retained by plaintiff to assist with procuring insurance policy called the 1 2 “Argo policy” for a period between September 2019 and September 2020. 3 In October 2019, a female employee filed a complaint with California’s Department of 4 Fair Employment & Housing and Equal Employment Opportunity Commission, alleging 5 wrongful employment-related conduct. In May 2020, plaintiff advised defendant of the 6 employment claim.…