Axis Surplus Insurance v. Third Millennium Insurance & Financial Services, Inc.

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Before the Court is plaintiff AXIS Surplus Insurance Company’s motion for judgment on the pleadings. 1 Defendants Marwan Hamed and Mutaz Hussein, as members of the LLC that is the named insured under the Axis insurance policy at issue, do not have the right to bring suit to enforce that policy. Therefore, the Court GRANTS Axis’s motion and DISMISSES Hamed’s counterclaim.

I. Background

This case arises out of a dispute over the insurance coverage for a fire loss. The undisputed facts are as follows. Defendants Marwan Hamed and Mutaz Hussein…