Houston Casualty Company v. Cibus US LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 HOUSTON CASUALTY COMPANY Case No.: 19cv828-JO-AGS

Plaintiff,

FINDINGS OF FACT AND

v. CONCLUSIONS OF LAW

REGARDING PHASE I TRIAL

CIBUS US LLC, Defendant. 17 18 19 20 21 I. INTRODUCTION On May 3, 2019, Plaintiff Houston Casualty Company (“HCC”) filed this action to dispute whether Defendant Cibus US LLC (“Cibus”) was entitled to coverage under its Professional Liability Errors and Omissions policy (the “Policy”). HCC brought six declaratory relief claims requesting a Court finding that Cibus was not entitled to insurance coverage and seeking recoupment of the $2 million that HCC already paid under the Policy. Dkt. 1. Cibus asserted counterclaims against HCC seeking a declaration of coverage and alleging two additional claims for breach of contract and breach of the covenant of good faith and fair dealing. Dkt. 10. Prior to trial, the parties moved for summary…