Lincoln General Insurance v. U.S. Auto Insurance Services

MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, District Judge.

Before the Court are Defendants’ Rule 12 Motions to Dismiss (doc. 19), filed January 1, 2011. For the reasons stated below, the Court finds the Motions should be and hereby are GRANTED in part and DENIED in part.

*585I.

BACKGROUND

This case involves the alleged miscalculation and underpayment of amounts owed to Plaintiff Lincoln General Insurance Company (“Lincoln General”) by Defendant U.S. Auto Insurance Services, Inc. (“U.S. Auto”). Lincoln General is the reinsurer of a variety of auto insurance policies sold by U.S. Auto, as Managing…