Mt. Hawley Insurance Company v. Embattle Protective Services, Inc.
- Jesse Furman
- 1:25-cv-05614
- U.S. District Court · Southern District of New York
- 2
In Mt. Hawley v. Embattle, Judge Furman granted leave to amend and granted Mt. Hawley’s motion to seal an incident-report exhibit.
Mt. Hawley Insurance Company may amend its complaint to remove the incident report, and the exhibit will be sealed rather than remain publicly available in the court file. The order also affects Embattle Protective Services, Inc. as the defendant in the case.
What happened
Mt. Hawley Insurance Company v. Embattle Protective Services, Inc. concerns Mt. Hawley’s request for a declaration about its rights and obligations under an insurance policy issued to Embattle. The dispute arose after Mt. Hawley filed a criminal incident report as an exhibit to its complaint.
Mt. Hawley proposed filing an amended complaint that removed the incident report because the report was not material to its claims. It also explained that the San Francisco Police Department had requested that the report not become public while an investigation remained ongoing.
Judge Jesse M. Furman granted Mt. Hawley leave to amend and granted its letter motion to seal the exhibit. The court required any amended complaint to be filed by August 7, 2025, and directed the Clerk of Court to terminate ECF No. 5.
The detailed version
- Mt. Hawley Insurance Company v. Embattle Protective Services, Inc. · No. 1:25-cv-05614
- Jesse Furman
- Aug. 4, 2025
Background
Mt. Hawley Insurance Company filed an action seeking a declaration of its rights and obligations under an insurance policy issued to Embattle Protective Services, Inc. The complaint included a criminal incident report as an exhibit. The provided filing states that the original complaint had not been served and that no responsive pleading had been filed.
Mt. Hawley asked for permission to file an amended complaint removing the incident report. It argued that the report was cumulative, was not material to its claims or legal arguments, and therefore would not need to remain attached to the operative complaint. Mt. Hawley also reported that counsel for the claimant in an underlying personal-injury action had advised that the San Francisco Police Department wanted the entire report kept out of the public record because the alleged assailant had not been apprehended and an investigation was ongoing.
Court’s Action
The court granted Mt. Hawley leave to amend the complaint to remove the exhibit. The court accordingly GRANTS Plaintiff's letter motion to seal the exhibit. The court ordered Mt. Hawley to file any amended complaint no later than August 7, 2025, and directed the Clerk of Court to terminate ECF No. 5.
This order addressed the exhibit and its public availability; the provided text does not state that the court decided the underlying insurance dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.