Robertson Stephens, Inc. v. Chubb Corp.

OPINION AND ORDER

SMITH, District Judge.

This diversity action raises several novel and interesting insurance law issues. It arises from an insured’s allegation that its insurer both failed to defend it from claims of breach and to indemnify it for a settlement within the policy’s aggregate limit. The insured also has sued the insurer’s claims administrator. The relationships of the parties gives the case the interesting twist: the insurer is a captive of the insured and the claims administrator is also one of the reinsurers under the policy. The claims administrator has moved to dismiss all…