Elliott v. American States Insurance Co.

MEMORANDUM OPINION AND ORDER

N. Carlton Tilley, Jr., Senior United States District Judge

This matter is before.the Court on a Motion to Dismiss [Doc. # 11] by Defendant American States Insurance Company (“American States”) in which it argues pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure that Plaintiff Loretta T. Elliott’s Complaint fails to state a claim upon which relief can be granted. For the reasons explained below, the motion is granted.

I

In evaluating a Rule 12(b)(6) motion, well-pled facts are accepted as true and construed in the -light most favorable to *521Elliott.…