Lydick v. Erie Ins. Prop. & Cas. Co.

THOMAS E. JOHNSTON, CHIEF JUDGE

Before the Court is Defendant Erie Insurance Property & Casualty Company's ("Erie") Motion to Dismiss. (ECF No. 6.) For the reasons discussed below, the Court GRANTS the motion.

*556I. BACKGROUND

This action arises from an automobile accident on August 29, 2003. (ECF No. 1-1 at 4 ¶ 5.) At the time of the accident, which allegedly caused Plaintiff serious injuries, Plaintiff was insured by Erie with a policy that included underinsured motorists coverage limits of $ 20,000 per person and $ 40,000 per occurrence. (Id. ¶¶ 6-8.) Following the accident, Plaintiff presented…