Martin v. Reliance Insurance

RULING ON MOTION TO DISMISS

DORSEY, Chief Judge.

Plaintiffs filed an eight-count complaint in the Superior Court asserting that defendant insurance company tortiously mishandled plaintiff Carol Martin’s workers’ compensation claim. The cause was removed to this court on defendant’s motion pursuant to 28 U.S.C. §§ 1332 and 1441(b). Defendant moves to dismiss all of plaintiffs’ claims pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.

I. Background

The following facts are presumed, as alleged by plaintiffs. Plaintiff Carol Martin was an employee of…