First Mercury Insurance Company v. Babcock Enterprises, Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 3:21-CV-00672-GNS FIRST MERCURY INSURANCE CO. PLAINTIFF v. BABCOCK ENTERPRISES, INC., d/b/a R&B CONSTRUCTION; and DOSTER CONSTRUCTION CO., INC. DEFENDANTS MEMORANDUM OPINION AND ORDER This matter is before the court on Plaintiff’s Motions to Dismiss (DN 22, 24). The motions are ripe for adjudication. For the reasons that follow, the motions are GRANTED IN PART and DENIED IN PART. I. STATEMENT OF FACTS AND CLAIMS This action originates from an arbitration proceeding in Louisville, Kentucky, styled…