Bowlers' Alley, Inc. v. Cincinnati Insurance

OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION TO DISMISS COUNTER-COMPLAINT

DAVID M. LAWSON, District Judge.

This matter is before the Court on the plaintiff’s motion to dismiss the defendant’s counter-complaint. The plaintiffs bowling establishment was heavily damaged when water pipes burst and flooded the premises. Its insurer, defendant Cincinnati Insurance Company, made initial loss payments of approximately $600,000. But when the plaintiff submitted a proof of loss that asserted a total loss of $2.6 million, Cincinnati balked and refused to make further payments. The plaintiff filed…