Ultima Mobile Bottling, Inc v. Nationwide Agribusiness Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ULTIMA MOBILE BOTTLING, INC, Case No. 21-cv-09944-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,
11 Defendant.
12 In this insurance coverage dispute, plaintiff Ultima Mobile Bottling, Inc. was sued in a case brought by West Villa Winery LLC in Sonoma County Superior Court. Dkt. No. 39. Ultima tendered its defense and indemnity to its insurer, defendant Nationwide Agribusiness Insurance Company, which rejected the tender. Id. ¶ 16. Plaintiff and Wise Villa settled the underlying action on the eve of trial. Id. ¶ 19. Ultima alleges three claims against Nationwide: breach of contract, breach of the implied covenant of good faith and fair dealing, and a claim for declaratory relief. Id. ¶¶ 20-37. All three claims arise out of Nationwide’s denial of coverage. See id. ¶ 22 (“Defendants breached the contract of insurance by failing to provide a defense or indemnity to the claims made in the Complaint.”); ¶ 27(e) (“Defendants…