Mitchell v. State Farm Fire & Cas. Co.

MICHAEL P. MILLS, UNITED STATES DISTRICT JUDGE

Presently before the Court is Defendant's Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim [8]. Plaintiff filed a response in opposition. The Court has reviewed and considered the parties' submissions and is now prepared to rule.

Factual Background

Plaintiff, Lorine Mitchell, maintains a residence in Waterford, Mississippi. Plaintiff insured the dwelling under a Homeowners Policy provided by Defendant, *850State Farm Fire and Casualty Company, and paid the requisite annual premiums for the coverage. The policy provides the following…