Hutchens v. Progressive Paloverde Insurance Co.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the motions of Plaintiff Hutchens to remand and Defendant Pro gressive Paloverde Insurance Company (“Progressive”) to dismiss this action based either on Plaintiffs lack of standing or on failure to state a claim upon which relief can be granted. Plaintiffs motion is DENIED, Defendant’s motion to dismiss under Rule 12(b)(6) is GRANTED and its motion to dismiss for lack of standing is DENIED as moot.

I. BACKGROUND

Hutchens alleges Progressive sold motor vehicle insurance policies which contained an “owned but not insured” exclusion, 1…