Legal Opinion

Acuity, a Mutual Insurance Co. v. McGinnis Homes, LLC

District Court, D. Utah

Decided July 8, 2016No. Case No. 2:16-cv-58-JNP-DBPPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

Jill N. Parrish, United States District Judge

Before the court is Defendant McGinnis Homes, LLC’s (“McGinnis Homes”) Motion to Dismiss (Docket 11). On June 28, 2016, the court held a hearing on Defendant’s motion. The court then took the matter under advisement. After carefully considering the record, the relevant law, and' the parties’ memoranda, the court DENIES Defendant’s Motion to Dismiss.

BACKGROUND

McGinnis Homes is a Utah limited liability company owned by Samson McGinnis and Tanya McGinnis, both of whom are Utah…

2Cases cited14 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. State Farm Fire & Casualty Company v. Robert Ray Mhoon, Takura Fujiwara, and Melinda Isabel FujiwaraCourt of Appeals for the Tenth Circuit · 1994
  3. Wade v. Emcasco InsuranceCourt of Appeals for the Tenth Circuit · 2007
  4. Elmer M. Kunkel, William H. Dennler, John D. Lockton, Ted B. Westfall and William D. Robertson v. Continental Casualty CompanyCourt of Appeals for the Tenth Circuit · 1989
  5. Davis Ex Rel. Davis v. United StatesCourt of Appeals for the Tenth Circuit · 2003

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3Cited by1 opinion

  1. AIX Specialty Insurance Company v. Kim's New Star LLC dba Twin Oaks Senior Living; Joong J. Kim, an individual doing business as Twin Oaks Assisted Living and Memory Care also known as Twin Oaks Senior Living; Matthew Cielo, an individual; Banyan Consulting Group LLC, a Utah business entity; Stephen Clark, an individual; Mindy Hall, an individual; The Estate of Thaes Webb Jr., by and through Thaes Webb III and Kathryn Baier, personal representatives; Thaes Webb III, an individual; Amy Rich personal representative for Deleene Webb, an individual; Terrilee Jackson, an individual and Patty Rogers, an individual.District Court, D. Utah · 2026

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