Porcelli v. OneBeacon Ins. Co., Inc.

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on defendant OneBeacon Insurance Company’s (“OneBeacon”) Motion to Dismiss Complaint (Doc. # 8) filed on October 26, 2007. Plaintiffs Mae J. Porcelli, Carolyn Porcelli and Richard Porcelli (collectively, the “Porcellis”) filed a Memorandum in Opposition (Doc. # 13) on November 28, 2007, to which defendant filed a Reply (Doc. # 18) on December 10, 2007. For the reasons set forth below, the Court finds that defendant’s Motion to Dismiss should be denied.

I

In deciding a Rule 12(b)(6) motion to dismiss, the Court…