Berger Enterprises v. Zurich American Insurance

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

MARK A. GOLDSMITH, District Judge.

Before the Court is Defendants’ motion to dismiss. For the reasons explained below, the motion will be granted in part and denied in part.

I. Factual and Procedural Background

Plaintiff Berger Enterprises (Berger) is a North Dakota contractor in the business of commercial and industrial demolition, excavation, and site work. Second Am. Compl. ¶¶ 1, 6 (Dkt. 22). Defendants are TolTest, Inc. (TolTest), an Ohio corporation doing environmental remediation, design, management, and…