Federal Insurance v. Safenet, Inc.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Plaintiff Federal Insurance Company (“plaintiff’) brings this action for declaratory relief and for the rescission of certain excess insurance contracts. Defendants SafeNet, Inc. (“SafeNet”), Carole Argo (“Argo”), and Anthony Caputo (“Caputo,” and together with SafeNet and Argo, “defendants”) move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), on the grounds that plaintiffs claims are unripe because SafeNet has not exhausted its primary insurance policies, and pursuant to Federal Rule of Civil Procedure 12(b)(7), on…