Wilkie v. Home Security Life Insurance

ORDER

CHAPMAN, District Judge.

This matter is before the Court upon defendant’s motion to dismiss one of two causes of action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Should the Court dismiss this cause of action for failure to state a claim upon which relief can be granted, the sum in controversy falls below the minimum jurisdictional amount required by 28 U.S.C. § 1332. Granting the 12(b)(6) motion would, therefore, have the effect of dismissing the entire action.

Plaintiff, a South Carolina resident, brought this action based on diversity of citizenship, claiming actual…