Henderson v. Nationwide Mutual Insurance

MEMORANDUM

GREEN, Senior District Judge.

Before the court is Defendant’s Motion to Dismiss Plaintiffs Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and Count II of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Plaintiffs Response thereto. For the following reasons, Defendant’s motion will be denied.

I. FACTUAL AND PROCEDURAL BACKGROUND

On or about May 23, 1998, at approximately 3:20 a.m., Plaintiff Michael Henderson’s 1995 BMW 740i automobile was allegedly stolen while parked on Spring Garden Street in Philadelphia, Pennsylvania. 0See Compl. ¶ 7.) Elizabeth Henderson, Plaintiffs former wife,…