Novalk, LLC v. Kinsale Insurance Company

I. INTRODUCTION

18 Plaintiff Novalk, LLC (“Plaintiff”) brings this action against its insurer, Defendant 19 Kinsale Insurance Company (“Defendant”) and Does 1 through 50 (“Doe Defendants”) 20 for alleged breaches of Defendant’s agreement to insure Plaintiff. ECF No. 1.1 21 Before the Court is Defendant’s Motion to Dismiss Plaintiff’s Complaint 22 Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (the “Motion”). ECF 23 No. 7. The motion was submitted on the papers without oral argument pursuant to Civil 24 Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 25 26 27 Unless otherwise indicated, all page number references are to the ECF-generated 1 12. After considering the papers submitted, supporting documentation, and applicable 2 law, the Court GRANTS the Motion.

II. BACKGROUND

4 A. Statement of Facts 5 Plaintiff alleges that it owns real estate located at 310 Rockwood Avenue, 6 Calexico, California, which Defendant insured. ECF No. 1-3 ¶¶ 1, 10. After a fire at 7 the Plaintiff’s property, Plaintiff notified Defendant pursuant to the policy. Id. ¶¶ 12, 8 15. Defendant sent adjustors to the subject property…