National Union Fire Ins. Co. of Pittsburgh v. SMALL SMILES HOLDING CO. LLC.

MEMORANDUM

TODD J. CAMPBELL, District Judge.

In this declaratory judgment action under 28 U.S.C. § 2201, Plaintiff National Union Fire Insurance Company of Pittsburgh, Pa. (“National Union”) has filed a “Motion to Dismiss” Defendant Small Smiles Holding Co., LLC’s (“SSHC’s”) Counterclaim (Docket No. 31). That Motion has been fully briefed by the parties. (Docket Nos. 32, 44 & 50). The Motion to Dismiss is granted with respect to Count II of the Counterclaim, but denied with respect to Count I of the Counterclaim.

I. FACTUAL BACKGROUND

This litigation involves four dental professional liability…