Houston Casualty Company v. Cibus US LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HOUSTON CASUALTY COMPANY, Case No. 19-cv-00828-BAS-LL

Plaintiff,

ORDER RE: PARTIES’ EIGHT

v. MOTIONS TO SEAL

CIBUS US LLC, (ECF Nos. 35, 41, 44, 54, 57, 64, 66, 74) Defendant.

17 And Related Counterclaim 18 19 This case is an insurance coverage dispute between Houston Casualty Company (“HCC”) and Cibus US LLC (“Cibus”). Cibus is a company that develops seeds for crops, including hybrid canola plants. Cibus developed its canola hybrids to be tolerant of a specific herbicide. It then sold seeds to commercial growers. But after some of those growers applied herbicide, their canola hybrids suffered more phytotoxicity—plant damage—than expected. Cibus turned to HCC, its insurer, to cover the growers’ losses under an errors and omissions policy. HCC paid out the maximum of its policy with Cibus subject to the right to seek reimbursement. The insurer then sued, seeking a determination that its…