National Mechanical Services, Inc v. Kinsale Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NATIONAL MECHANICAL Case No.: 22-cv-576-CAB-AGS SERVICES, INC., a California 12 corporation, ORDER GRANTING DEFENDANT KINSALE INSURANCE Plaintiff,
COMPANY’S MOTION TO DISMISS
14 v. 15 KINSALE INSURANCE COMPANY, an [Doc. No. 9] Arkansas corporation; MERCER
INSURANCE COMPANY, a 17 Pennsylvania corporation; and DOES 1- 50, inclusive, Defendants. 20 This matter is before the Court on Defendant Kinsale Insurance Company’s (“Kinsale”) motion to dismiss Plaintiff National Mechanical Services, Inc.’s (“NMS”) complaint. [Doc. No. 9.] The motion has been fully briefed and the Court finds it suitable for determination on the papers submitted and without oral argument. See S.D. Cal. CivLR 7.1(d)(1). For the reasons set forth below, Kinsale’s motion to dismiss is GRANTED. I. BACKGROUND Plaintiff NMS filed the operative complaint in San Diego Superior Court on March 24, 2022, against…