United States Fidelity & Guaranty Co. v. Ferraro

ORDER

CARL B. RUBIN, District Judge.

This matter is before the Court on a motion to dismiss under Rules 12(b)(6) and 12(b)(1), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction.

United States Fidelity & Guaranty Company (Fidelity) seeks a declaratory judgment that its policy with its insured, Michael J. Ferraro, does not provide coverage for the injuries he has sustained. Mr. Ferraro asserts the arbitration clause contained in the policy as a bar to judicial review of Fidelity’s obligations under the uninsured motorist…