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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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GOLDEN EAGLE INSURANCE
CORPORATION and GENERAL
INSURANCE COMPANY OF AMERICA,

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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.
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In this action for declaratory relief to determine the extent of coverage, plaintiff General

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Insurance Company of America concedes coverage and is in fact defending six pending claims

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in other courts brought by consumers who fell ill with Salmonella infections. According to the

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Centers for Disease Control and Prevention, there could be as many as 425 plaintiffs.

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General Insurance contends that its total exposure is limited to one million dollar per occurrence

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limit. Defendant Moon Marine (U.S.A.) Corporation contends that the limit extends to the two

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million dollar per aggregate limit. Whether or not all of the insured events arise from a single

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occurrence will depend upon how the bacteria got into the fish in the first place. Possibly, it was

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a single occurrence, perhaps it was separate, but similar, occurrence. Possibly different batches

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were involved. The case involving General Insurance will be stayed until all or most of the

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underlying cases are litigated. The manner in which bacteria developed will likely be explored

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in the underlying litigation. And with the benefit of that information it will be easier tell if all

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cases arose from a single occurrence. A further case management conference in this case will be

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held on DECEMBER 12, 2012, AT 11:00 A.M.

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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.

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IT IS SO ORDERED.

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Dated: January 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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