Salvati v. Fireman's Fund Ins. Co.

F. Dennis Saylor IV, United States District Judge

This is an insurance dispute that arises from the tragic death of Gerardo Salvati. Plaintiff Lucia Salvati, Mr. Salvati's wife and the executor of his estate, seeks to recover $ 5 million she alleges she is owed under an excess liability insurance policy issued by the American Insurance Company ("AIC").1 Jurisdiction is based on diversity of citizenship.

Defendants have moved to dismiss the amended complaint under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the following *88reasons, the motion to…