Baltimore & Ohio Railroad v. American Fidelity & Casualty Co.

ROSENBERG, District Judge.

One of the defendants in this action, Underwriters at Lloyds, London and/or Insurance Companies (Lloyds) has filed a “Motion to Dismiss” the complaint filed by the plaintiff in the above entitled case because (1) the action is based upon a contract to which the plaintiff had no privity, and (2) the plaintiff alleged no negligence on the part of the defendant.

There are three defendants cited in this case, but the first count relates only to Lloyds and so the defendant’s motion will be considered in the light of the averments as contained in the first count.

In this…