Gunter et al v. Farmers Insurance Company Inc et al

Filing 18

ORDER denying 12 Motion to Dismiss; granting 14 Motion to Amend/Correct and directing the Gunters' to file their amended complaint forthwith. Signed by Judge Brian S. Miller on 4/29/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
GLENN K. GUNTER; and
LISA G. GUNTER
v.

PLAINTIFFS

CASE NO. 4:11CV00161 BSM

FARMERS INSURANCE COMPANY, INC.; and
AMERICAN SECURITY INSURANCE COMPANY

DEFENDANTS

ORDER
On February 22, 2011, plaintiffs Glenn K. Gunter and Lisa G. Gunter brought this
action against defendants Farmers Insurance Company (“Farmers”) and American Security
Insurance Company (“American”) seeking to recover damages for defendants’ handling of
their flood insurance claims. In its motion to dismiss, American points out that the Gunters
did not plead specific allegations that would entitle them to any relief against American. The
Gunters have responded and filed a motion for leave to amend their complaint to properly
state claims against American.
The proposed amended complaint sets forth sufficient facts such that, if the
allegations are true, the Gunters are entitled to relief against both Farmers and American.
Therefore, the Gunters’ motion for leave to file [Doc. No. 14] is granted, and American’s
motion to dismiss [Doc. No. 12] is denied. The Gunters are hereby directed to file their
amended complaint forthwith.
IT IS SO ORDERED this 29th day of April, 2011.
________________________________
UNITED STATES DISTRICT JUDGE