Simmons v. Nationwide Mutual Fire Insurance

MEMORANDUM OPINION AND ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

Pending before the Court is the MOTION TO DISMISS filed by Defendant Nationwide Mutual Fire Insurance Company (“Nationwide”), Doc. No. 3, with brief in support, Doc. No. 4. Plaintiff has filed a response in opposition, Doc. No. 76, to which Defendant Nationwide has replied, Doc. No. 8. The motion is ripe for disposition. For the reasons that follow the motion will be granted in part and denied in part.

FACTUAL AND PROCEDURAL BACKGROUND

The following facts are taken from Plaintiffs complaint. This action arises out of an…