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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Netscape Communications Corporation,
et al.,
Plaintiffs,
v.
Federal Insurance Company, et al.,
Defendants.
/
NO. C 06-00198 JW
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS
I. INTRODUCTION
Netscape and America Online (“Plaintiffs”) bring suit against Federal Insurance Company
(“Federal”), St. Paul Mercury Insurance Company (“St. Paul”), Executive Risk Specialty Insurance
Company (“Executive”), (collectively “Defendants”), alleging common law breach of contract,
common law tortious breach of the covenant of good faith and fair dealing, and unfair business
practices under Cal. Bus. & Prof. Code § 17200. Defendants filed motions to dismiss Plaintiffs’
seventh cause of action for unfair business practices. Under Local Rule 7-1(b), the Court took these
motions under submission for a ruling without oral argument. The parties subsequently notified the
Court that Plaintiffs reached a settlement with Defendants Federal and Executive, leaving St. Paul as
the sole Defendant. Presently before the Court is St. Paul’s Motion to Dismiss Seventh Cause of
Action For Unfair Business Practices. For the reasons set forth below, the Court DENIES St. Paul's
Motion to Dismiss.
Case 5:06-cv-00198-JW Document 32 Filed 05/08/2006 Page 1 of 7
Netscape Communications Corporation et al v. Federal Insurance Company et al
Doc. 32
Dockets.Justia.com
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II. BACKGROUND
In 2000, four civil actions were filed against Plaintiffs for alleged interceptions of
consumers’ private electronic communications.