Lexington National Insurance Corporation v. Ranger Insurance Company

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on appeal from an order entered May 23, 2002, granting defendant Ranger Insurance Company’s (“Ranger”) motion under Fed.R.Civ.P. 12(b)(6) to dismiss this action for failure to state a claim on which relief may be granted. In view of the procedural posture of the case we set forth the facts as alleged by the plaintiff, Lexington National Insurance Corporation (“Lexington”), and decide this appeal on the basis of them. See Maio v. Aetna, Inc., 221 F.3d 472, 482 (3d Cir.2000).

Lexington and Ranger…