Warner v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 6

MEMORANDUM OPINION AND ORDER denying 2 Motion to Dismiss. Signed by District Judge Keith Starrett on 1/4/2016 (scp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
LARRY WARNER

PLAINTIFF

v.

CIVIL ACTION NO. 2:15-CV-157-KS-MTP

NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
GALLAGHER BASSETT SERVICES, INC.,
GALLAGHER TRANSPORTATION SERVICES,
ARTHUR J. GALLAGHER RISK MANAGEMENT
SERVICES, INC., CMC CLAIMS MANAGEMENT
SERVICES, LLC, AND JOHN & JANE DOES 1-10

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendant National Union Fire Insurance Company of
Pittsburgh, PA’s (“National Union”) Motion to Dismiss [2]. After considering the submissions of
the parties, the record, and the applicable law, the Court finds that this motion should be denied.
This action arises out of National Union’s alleged failure to pay a claim under Plaintiff Larry
Warner’s (“Plaintiff”) occupational accident policy. Plaintiff claims this policy with National Union
was in effect at the time of his accident and that National Union breached its contract by failing to
pay his claim. (See Complaint [1-2] at p. 6.) In its Motion to Dismiss [2], National Union claims
that the policy Plaintiff held with it had expired by the time his accident occurred and that the claims
against them should be dismissed accordingly.
In analyzing a motion to dismiss, the Court must accept all well-pleaded factual allegations
as true. See Randall D. Wolcott, M.D., P.A. v. Sebelius, 635 F.3d 757, 763 (5th Cir. 2011). Plaintiff
has sufficiently pleaded his allegation that there was an occupational accident policy issued by
National Union in effect at the time of his accident. Therefore, because the Court must accept this
as true for purposes of this motion, National Union’s Motion to Dismiss [2] must be denied.

IT IS THEREFORE ORDERED AND ADJUDGED that National Union’s Motion to
Dismiss [2] is denied.
SO ORDERED AND ADJUDGED this the 4th day of January, 2016.

s/ Keith Starrett
UNITED STATES DISTRICT JUDGE

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