Labella Winnetka, Inc. v. General Casualty Insurance

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, JR., District Judge.

This case arises out of a five-count complaint filed by Plaintiff, LaBella Winnetka, Inc., against Defendant, General Casualty Insurance Company, for violations of state contract and tort law. The Court has jurisdiction based on diversity of citizenship. 28 U.S.C. § 1332.

Before the Court are Defendant’s motion to dismiss Count III of Plaintiffs complaint [22], as well as Defendant’s motion to dismiss Counts IV and V of Plaintiffs complaint [20]. For the reasons stated below both motions are denied.

I. Background1

Plaintiff operates…