Dogloo, Inc. v. Northern Ins. Co. of New York

COURT’S SECOND ORDER RE: DEFENDANT NORTHERN INSURANCE COMPANY OF NEW YORK’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

Defendant Northern Insurance Company of New York’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss came on regularly for hearing before this Court on December 1, 1995. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendant Northern Insurance Company of New York’s motion to dismiss is DENIED.

I. Procedural Background

Plaintiff DOGLOO, INC. (“Dogloo”) filed a Complaint against Defendants NORTHERN INSURANCE COMPANY OF NEW YORK (“Northern”) and CIGNA PROPERTY AND CASUALTY CO. (“Cigna”) on May 30, 1995. Dogloo filed a First Amended Complaint (“FAC”) on September 27, 1995, and a Second Amended Complaint (“SAC”) on November 9, 1995. In its SAC, Dogloo joined INSURANCE COMPANY OF NORTH AMERICA (“INA”) as a Defendant. Dog-loo’s SAC alleges that Defendants breached their insurance contracts by contending that their “agreements to defen[d] do[ ] not trigger [Dogloo’s] right to retain independent counsel at [Defendants’] expense.” SAC at ¶¶ 34 and 41. In…