The insured's coverage suit seeking the defense and indemnity of the underlying action pursued by Kona coffee growers was transferred from the Western District of Washington to the Western District of Michigan. Kihnke v. Liberty Mutual Ins. Corp., 2021 U.S. Dist. LEXIS 71991 (W.D. Wash. April 14, 2021).     The insured was sued in a putative class action by Kona coffer farmers located in Hawaii, alleging defendants, including the insured, sold regular coffee and labeled it as Kona coffee. The Kona coffee farmers alleged that by doing so, the insured disparaged the authentic coffee grown, harvested and sold by the insured, selling an inferior product. The insured tendered to Liberty Mutual and sued in federal district court on Washington after coverage was denied.     Liberty Mutual moved to dismiss or alternatively transfer the case to the Western District of Michigan, where Liberty Mutual first brought a declaratory judgment action to determine it was not obligated to cover the insured in the putative class action.      The court granted the motion to transfer. The subject matter of the suit was the insurance agreements between the parties, which were negotiated and executed in Michigan, where Liberty Mutual's base of operations was located. The policy contained Michigan-specific provisions and applied to actions the insured took nationally. The lack of strong connections to Washington weighed in favor of the transfer.

from Insurance Law Hawaii https://ift.tt/3v1d9w6