Federal Insurance v. May Department Stores Co.

MEMORANDUM AND ORDER

McKENNA, District Judge.

By this Order, the Court decides a motion by defendant The May Department Stores Company (“Defendant” or “May”) to dismiss plaintiff Federal Insurance Company’s (“Plaintiff” or “Federal”) declaratory judgment action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff opposes Defendant’s motion. For the reasons that appear below, Defendant’s motion is granted. Background

In February 1990, Plaintiff 1 issued to Defendant a Crime Insurance Policy, number 8085 69 85 H (the “Policy”). (Compl. ¶ 5.) “Included among the Insureds…