Essentia Insurance Company v. Stephens

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:20-CV-175-FL ESSENTIA INSURANCE COMPANY, ) ) Plaintiff, ) ) v. ) ORDER ) HERBERT STEPHENS, ) ) Defendant. ) This matter is before the court on plaintiff’s motion for judgment on the pleadings and to dismiss counterclaims for failure to state a claim. (DE 15). The motion has been briefed fully, and in this posture the issues raised are ripe for ruling. For the reasons that follow, plaintiff’s motion is granted. STATEMENT OF THE CASE Invoking the court’s diversity jurisdiction, plaintiff…