St. Paul Fire & Marine Insurance v. Peoples Natural Gas Co.

MARSH, District Judge.

Plaintiff, a Minnesota insurance company, brought this action as subrogee to recover for payments which it was obligated to make to its insured, the PerlReiehbaum Company, a Pennsylvania corporation, as a result of a fire allegedly caused by the negligence of the defendants, both Pennsylvania corporations.

We are here considering identical motions to dismiss under Rule 12, Fed.R. Civ.P., 28 U.S.C.A., filed by each of the defendants. The defendants contend that this action should be dismissed since: (1) plaintiff paid only a portion of the entire loss caused by the fire…