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)

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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

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