Baxendale v. Martin, 94-2303 (1997)

DECISION

Defendants Legion Insurance Company and Psychiatrists Risk Retention Group (insurers) have filed a motion pursuant to Super. R. Civ. P. 12 (b)(6) to dismiss plaintiff's action against the insurers in the second amended complaint. The plaintiff contends that despite its nomenclature, the motion effectively seeks dismissal of only Count 10, in which plaintiff seeks a declaratory ruling regarding the contractual rights of the parties to the insurance contract issued to defendant Carol Martin, M.D. by the insurers. The plaintiff is seeking a declaration that the insurance policy provides…