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, )

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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 -2-

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