Morin v. AIG Property Casualty Company et al

Filing 18

ORDER denying 3 Motion to Dismiss for Failure to State a Claim.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
LUCIANO MORIN,
Plaintiff,
VS.
AIG PROPERTY CASUALTY
COMPANY, et al,
Defendants.

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§ CIVIL ACTION NO. 2:14-CV-364
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ORDER

Before the Court is Defendants’ Motion to Dismiss for Failure to State a Claim
(D.E. 3). Luciano Morin (Morin) filed suit in state court seeking a declaratory judgment
that AIG Property Casualty Co. (AIG) and National Union Fire Insurance Co. of
Pittsburgh, PA (National Union) owe him insurance coverage with respect to claims
made against him arising out of an automobile accident. D.E. 1-2, pp. 10-13. The case
was removed to this Court pursuant to diversity jurisdiction. 28 U.S.C. § 1332. Since
that time, Morin dismissed AIG from this case. D.E. 13. Morin continues to prosecute
this case against National Union.
National Union seeks dismissal under Fed. R. Civ. P. 12(b)(6) for Morin’s
allegedly insufficient allegations under federal pleading rules.

D.E. 3.

Declaratory

judgment regarding insurance requires application of the eight corners rule, comparing
the terms of the policy with the pleading alleging liability against the purported insured to
determine if the claims are covered. Lafarge Corp. v. Hartford Cas. Ins. Co., 61 F.3d
389, 393 (5th Cir. 1995); National Union Fire Ins. Co. v. Merchants Fast Motor Lines,
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939 S.W.2d 139, 141 (Tex. 1997). The underlying pleadings asserting claims against
Morin have been supplied to the Court. D.E. 1-3. Morin has identified the policy
number of the policy under which he claims coverage, however he has neither tendered
the policy nor identified in his pleading any particular terms of the policy that entitle him
to the relief he seeks. See D.E. 1-2, p. 11.
Morin has responded that, because the policy was issued to his employer, he does
not have a copy of the policy. Thus he does not have the information on which to base
more specific allegations or a fuller response to the motion to dismiss. D.E. 12. Nothing
in the record controverts Morin’s assertion that he has not had access to the policy. The
Court will not hold Morin to a pleading standard that he cannot satisfy so long as the
information necessary for him to comply is in the exclusive possession of National Union
or others over whom Morin does not have control. The motion to dismiss is DENIED.
ORDERED this 6th day of November, 2014.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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