UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TESLA, INC., Case No. 23-cv-00069-TLT
Plaintiff,
ORDER REMANDING TO STATE
v. COURT
BERKLEY ASSURANCE COMPANY, Re: ECF Nos. 22, 30,
Defendant.
I. INTRODUCTION This removal action arises from Berkley Assurance Company (“Berkley”)1’s refusal to interpret the provisions in its insurance policies to cover certain property damages during a construction project. ECF No. 1 (Notice of Removal), at 4 ¶¶ 12-13 (citing ECF No. 1-1 (“Complaint”) ¶¶ 5, 6, 8, 15, 19, 24, 28). Plaintiff Tesla, Inc. (“Tesla”), a solar roofing contractor, and its subcontractor, Acme Roofing Services, Inc. (“Acme”) are both insureds under policies issued by Berkley relating to that construction project. ECF No. 1 (Notice of Removal), at 4 ¶ 12 (citing Complaint ¶ 6). Because of Berkley’s refusal, Tesla (along with Tesla’s other insurance companies) paid nearly the entire amount of the arbitration award against it, with Berkley paying a…