Richter v. GEICO INDEM. CO.

MEMORANDUM AND ORDER

JOYNER, Chief Judge.

Before this Court are Defendant’s 12(b)(6) Motion to Dismiss in Part Counts II and III of the Amended Complaint (Doc. No. 6), Plaintiffs response in opposition thereto (Doc. No. 7), and Defendant’s reply in further support thereof (Doc. No. 8). For the reasons set forth in this Memorandum, Defendant’s Motion is denied.

I. BACKGROUND

Plaintiff was involved in a motor vehicle accident while driving his 2009 Honda Ridgeline, totaling the vehicle and sustaining personal injuries. (Am. Compl. ¶¶ 5, 8, Doc. No. 4.) Plaintiff thereafter submitted a claim to…