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:

v. (1) DENYING HOUSTON CIBUS US LLC,

CASUALTY COMPANY’S

Defendant. MOTION FOR SUMMARY OR

PARTIAL SUMMARY

16 JUDGMENT (ECF No. 34); 17 (2) GRANTING IN PART AND

DENYING IN PART CIBUS US

LLC’S MOTION FOR PARTIAL

SUMMARY JUDGMENT

20 (ECF No. 40); AND 21 (3) CLARIFYING ORDER ON

MOTION TO BIFURCATE

And Related Counterclaim (ECF No. 33) 24 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…