Bituminous Casualty Corporation v. Hartford Casualty Insurance Company

Filing 206

ORDER denying 147 Defendant Hartford Casualty Insurance Companys Rule12(b) (6) Motion to Dismiss Counts III and IV of Plaintiff Bituminous Casualty Corporations Second Amended Complaint, by Judge Wiley Y. Daniel on 7/2/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 12-cv-00043-WYD-KLM
BITUMINOUS CASUALTY CORPORATION, an Illinois corporation,
Plaintiff,
v.
HARTFORD CASUALTY INSURANCE COMPANY,
Defendant.

ORDER

THIS MATTER is before the Court on a review of Defendant Hartford Casualty
Insurance Company’s Rule 12(b)(6) Motion to Dismiss Counts III and IV of Plaintiff
Bituminous Casualty Corporation’s Second Amended Complaint filed January 16, 2014,
and its Amended Motion for Summary Judgment on Plaintiff Bituminous Casualty
Corporation’s Second Amended Complaint filed February 28, 2014. I note that both
motions seek to dismiss Counts III and IV of the Second Amended Complaint on the
same basis—that the withdrawal with prejudice of Hartford’s release defense means
that the predicate for Counts III and IV no longer exists.1
I find that the issues raised in the motions regarding Counts III and IV are
redundant, and that the issues should be decided in connection with the summary
judgment motion. Accordingly, I find that the motion to dismiss should be denied,

1

Defendant’s earlier filed motion for summary judgment (ECF No. 115), which is
incorporated into the amended summary judgment motion, also sought judgment as to these
claims on the same basis.

subject to my consideration of the issues raised therein in connection with the summary
judgment motion. It is therefore
ORDERED that Defendant Hartford Casualty Insurance Company’s Rule12(b)(6)
Motion to Dismiss Counts III and IV of Plaintiff Bituminous Casualty Corporation’s
Second Amended Complaint filed January 16, 2014 (ECF No. 147) is DENIED as set
forth herein.
Dated: July 2, 2014
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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