Heritage Healthcare v. Beacon Mut. Ins.

DECISION

Before this Court for decision is a motion for summary judgment brought by The Beacon Mutual Insurance Company ("Beacon") and Michael Dennis Lynch (collectively, "Defendants").1 The Defendants claim they are entitled to summary judgment because (1) the Department of Business Regulation ("DBR") has primary jurisdiction over this matter; and (2) there is no private cause of action outside of the administrative process. Although denominated a motion for summary judgment, this Court will treat the Defendants' motion as one to dismiss for lack of subject-matter jurisdiction2 because the…