Philadelphia Indemnity Insurance Company v. Sealfit, Inc.

Good Law
United States District Court, Southern District of CaliforniaJanuary 14, 20203:19-cv-01388California2,373 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PHILADELPHIA INDEMNITY Case No.: 3:19-cv-1388-GPC-AGS

INSURANCE COMPANY,

ORDER GRANTING DEFENDANT

Plaintiff, SEALFIT’S MOTION TO STAY v. 14 SEALFIT, INC., [ECF No. 15] 15 Defendant.

17 Before the Court is Defendant SEALFIT, Inc.’s (“Defendant” or “Sealfit”) motion 18 to stay proceedings. ECF No. 15. Plaintiff Philadelphia Insurance Company (“Plaintiff” 19 or “Philadelphia”) filed an opposition on November 15, 2019. ECF No. 20. Sealfit filed 20 a reply on November 27, 2019. ECF No. 21.

FACTUAL BACKGROUND

22 Philadelphia issued an insurance policy to Sealfit effective July 1, 2016 to July 1, 23 2017 (the “Policy”). ECF No. 1 (“Compl.”) ¶ 11. On September 25, 2018, a complaint 24 was filed in San Diego Superior Court (“Wrongful Death Action”) against Sealfit 25 alleging that Kirk Deligiannis died on September 25, 2016 as a result of Sealfit’s 26 negligence. Deligiannis participated in a multi-day, 50-hour strenuous fitness event, 27 which was organized and…

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