Golden Eagle Insurance Corporation et al v. Moon Marine (U.S.A.) Corporation

Filing 40

ORDER GRANTING IN PART DEFENDANT'S MOTION TO STAY AND VACATING HEARING by Judge William Alsup [granting in part and denying in part 15 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 GOLDEN EAGLE INSURANCE CORPORATION and GENERAL INSURANCE COMPANY OF AMERICA, 12 13 14 15 16 17 18 No. C 12-05438 WHA Plaintiffs, v. ORDER GRANTING IN PART DEFENDANT’S MOTION TO STAY AND VACATING HEARING MOON MARINE (U.S.A.) CORPORATION, a California Corporation. Defendant. / In this action for declaratory relief to determine the extent of coverage, plaintiff General 19 Insurance Company of America concedes coverage and is in fact defending six pending claims 20 in other courts brought by consumers who fell ill with Salmonella infections. According to the 21 Centers for Disease Control and Prevention, there could be as many as 425 plaintiffs. 22 General Insurance contends that its total exposure is limited to one million dollar per occurrence 23 limit. Defendant Moon Marine (U.S.A.) Corporation contends that the limit extends to the two 24 million dollar per aggregate limit. Whether or not all of the insured events arise from a single 25 occurrence will depend upon how the bacteria got into the fish in the first place. Possibly, it was 26 a single occurrence, perhaps it was separate, but similar, occurrence. Possibly different batches 27 were involved. The case involving General Insurance will be stayed until all or most of the 28 underlying cases are litigated. The manner in which bacteria developed will likely be explored 1 in the underlying litigation. And with the benefit of that information it will be easier tell if all 2 cases arose from a single occurrence. A further case management conference in this case will be 3 held on DECEMBER 12, 2012, AT 11:00 A.M. 4 5 6 However, plaintiff Golden Eagle Insurance Corporation’s case against Moon Marine goes forward. There is no stay as to that aspect. The hearing on the motion, scheduled for January 24, 2012, is hereby VACATED. 7 8 IT IS SO ORDERED. 9 Dated: January 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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