Barber v. LM Property & Casualty Insurance

MEMORANDUM OPINION AND ORDER

JOAN B. GOTTSCHALL, District Judge.

David Barber (“Barber”) sued Defendant LM Property and Casualty Insurance Company (“LMPC”) to enforce an arbitration award. LMPC has moved to dismiss Barber’s complaint under Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, LMPC’s motion is granted.

I. BACKGROUND

Barber was involved in a motor vehicle accident and settled with the other driver for $58,000. Barber then brought a claim for underinsured motorist benefits under his policy with LMPC. The parties submitted Barber’s underinsured motorist claim to…