D.W. Realty, Inc. v. Harford Mutual Insurance

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Following the removal of this action from the Pennsylvania Court of Common Pleas, the defendant, Harford Mutual Insurance Company, filed the instant motion to dismiss Counts II through V, inclusive, of plaintiff’s complaint pursuant to Fed.R. Civ.P. 12(b)(6). We have diversity jurisdiction under 28 U.S.C. § 1332.

Plaintiff, D.W. Realty, Inc., alleges that it entered into an insurance contract with the defendant on November 23, 1981. Under the terms of the contract, defendant was to provide fire insurance coverage for plaintiff’s premises at 1236…