LaBudde v. The Phoenix Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION NO. 7:21-CV-197-FL KEVIN J. LABUDDE, ) ) Plaintiff, ) ) v. ) ORDER ) THE PHOENIX INSURANCE ) COMPANY, ) ) Defendant. ) This matter is before the court on defendant’s motion to dismiss in part pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (DE 15). The motion has been briefed fully, and the issues raised are ripe for ruling. For the reasons that follow, the motion is granted in part and denied in part. STATEMENT OF THE CASE Plaintiff commenced this action September 9, 2021, in…