Liberty Mutual Insurance v. Lumbermens Mutual Casualty Co.

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

Plaintiff Liberty Mutual Insurance Company’s (“Liberty”) amended complaint (“the complaint”) seeks equitable contribution from Lumbermens Mutual Casualty Company (“Lumbermens”) (count I); and, alternatively, from Sears, Roebuck and Company (“Sears”) (count II). Lumber-mens and Sears have filed separate motions to dismiss each claim against them under Fed. R. Civ. P. 12(b)(6). For the following reasons, Lumbermens’ motion to dismiss is denied and Sears’ motion to dismiss is granted.

I

The complaint alleges that on October 1, 1997,…