Mezzetti v. State Farm Mutual Automobile Insurance

ORDER DENYING MOTION TO DISMISS

WARE, District Judge.

I. INTRODUCTION

Defendant State Farm Automobile Insurance Company (“State Farm”) moves to dismiss three of Plaintiff Susan Mezzetti’s (“Mezzetti”) five causes of action. In resolving State Farm’s motion, this Court decides two important issues of insurance law.

First, is a lawsuit against an insurer, brought under section 11580(b)(2) of the California Insurance Code, to collect on a judgment secured against the insurer’s insured, a “direct action” under 28 U.S.C. § 1332(c)(1), in which case, for diversity of citizenship purposes, the insured’s…