McLiechey v. Bristol West Insurance

OPINION

ROBERT HOLMES BELL, Chief Judge.

This matter comes before- the Court on Defendant Bristol West Insurance Company’s motion to dismiss Plaintiffs’ complaint pursuant to fed. R. Civ. P. 12(b)(1) and 12(b)(6). For the reasons that follow Defendant’s motion will be granted.

I

Plaintiffs Burl and Cathy McLiechey, husband and wife, filed this class action complaint in the Kent County Circuit Court against Defendant Bristol West Insurance Company alleging that by using its insureds’ economic circumstances as one of the criteria in setting automobile insurance rates Defendant has 1) breached an…