Owners Insurance Company v. The Remodeling Depot, Inc. et al

Filing 60

ORDER denying 28 Motion to Dismiss. Plaintiff Owners Insurance Company's claim for a declaratory judgment regarding its duty to indemnify is Stayed. Signed by Judge William T. Moore, Jr on 3/28/18. (jrb)

FILED
U.S. DISTRICT COURT
SAVANNAH DIV.
IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIA 2018

29 AMIhll2

SAVANNAH DIVISION

CLERK.
SO.&lsrOF GA.
OWNERS INSURANCE COMPANY,

Plaintiff,
CASE NO. CV417-021

V.

THE REMODELING DEPOT, INC.;
KENNETH WAYNE HOSTI; JOANN
LYON; and MICHAEL E. LINDSEY;
Defendants.

ORDER

Before the Court is Defendants Remodeling Depot, Inc.
and Kenneth Wayne Hosti's Motion to Dismiss. (Doc. 28.) For

the

following

reasons.

Defendants'

motion

is

DENIED.

However, Plaintiff Owners Insurance Company's claim for a
declaratory

judgment

regarding

its

duty

to

indemnify

is

STATED.

BACKGROUND

This case involves a
for

alleged

acts

of

dispute over insurance coverage

negligence

with

respect

to

a

home

renovation. In May 2015, Defendants Joann Lyon and Michael
E. Lindsey ("Homeowners") hired Defendant Remodeling Depot,

Inc., owned by Defendant Kenneth Wayne Hosti, ^ to remodel

^

The

Court

will

refer

to

these

collectively as Defendant Remodelers.

last

two

parties