Metropolitan Property & Liability Insurance v. Malinowski

ORDER

LUDWIG, District Judge.

AND NOW, this 9th day of February, 1988 defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted is denied. Fed. R.Civ.P. 12(b)(6).

Plaintiff insurance company sued for a declaration that the insurance policy limits on uninsured motorist benefits available to defendant, its insured, are $15,000 rather than $100,000 as claimed by defendant.1 Jurisdiction is diversity. 28 U.S.C. § 1332.

Defendant’s claim for insurance benefits arises from an accident on October 10,1986 in which defendant’s minor son, Gregory, was struck…